As Passed by the House 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 538 5
1999-2000 6
REPRESENTATIVES CALVERT-CLANCY-TIBERI-BUEHRER-AMSTUTZ-ASLANIDES- 8
FORD-VERICH-HARTNETT-JONES-O'BRIEN-ROMAN-BOYD-AUSTRIA-SALERNO- 9
KRUPINSKI-PATTON-A. CORE-WIDENER-OLMAN-WINKLER-JERSE-HOOPS- 10
TERWILLEGER-BRITTON-BARRETT 11
_________________________________________________________________ 12
A B I L L
To amend sections 109.57, 109.572, 109.58, 109.59, 14
109.60, 173.41, 2151.86, 3301.32, 3301.541, 15
3301.88, 3319.39, 3701.881, 3712.09, 3721.121,
3722.151, 5104.012, 5104.013, 5123.01, 5123.02, 17
5123.041, 5123.042, 5123.05, 5123.082, 5123.09,
5123.092, 5123.11, 5123.17, 5123.18, 5123.181, 18
5123.183, 5123.19, 5123.21, 5123.27, 5123.34,
5123.351, 5123.353, 5123.55, 5123.62, 5123.63, 20
5123.67, 5123.801, 5123.85, 5123.89, 5123.93,
5126.02, 5126.023, 5126.042, 5126.044, 5126.081, 22
5126.082, 5126.12, 5126.13, 5126.28, 5126.281,
5126.357, and 5153.111; to amend, for the purpose 25
of adopting new section numbers as indicated in
parentheses, sections 5123.05 (5123.06) and 26
5123.183 (5123.051); to enact new sections 27
5123.05, 5123.081, and 5126.252; and to repeal 29
sections 5123.081, 5123.16, 5123.231, and
5126.252 of the Revised Code to revise the law 31
governing the Department of Mental Retardation
and Developmental Disabilities and county boards 32
of mental retardation and developmental 33
disabilities and the law governing criminal
records checks conducted by the Bureau of 34
Criminal Identification and Investigation.
2
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 36
Section 1. That sections 109.57, 109.572, 109.58, 109.59, 38
109.60, 173.41, 2151.86, 3301.32, 3301.541, 3301.88, 3319.39, 40
3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 41
5123.01, 5123.02, 5123.041, 5123.042, 5123.05, 5123.082, 5123.09, 42
5123.092, 5123.11, 5123.17, 5123.18, 5123.181, 5123.183, 5123.19, 43
5123.21, 5123.27, 5123.34, 5123.351, 5123.353, 5123.55, 5123.62, 44
5123.63, 5123.67, 5123.801, 5123.85, 5123.89, 5123.93, 5126.02, 45
5126.023, 5126.042, 5126.044, 5126.081, 5126.082, 5126.12, 47
5126.13, 5126.28, 5126.281, 5126.357, and 5153.111 be amended; 49
sections 5123.05 (5123.06) and 5123.183 (5123.051) be amended for 50
the purpose of adopting new section numbers as indicated in 51
parentheses; and new sections 5123.05, 5123.081, and 5126.252 of 53
the Revised Code be enacted to read as follows:
Sec. 109.57. (A)(1) The superintendent of the bureau of 64
criminal identification and investigation shall procure from 65
wherever procurable and file for record photographs, pictures, 67
descriptions, fingerprints, measurements, and other information 68
that may be pertinent of all persons who have been convicted of 69
committing within this state a felony, any crime constituting a 71
misdemeanor on the first offense and a felony on subsequent
offenses, or any misdemeanor described in division (A)(1)(a) of 73
section 109.572 of the Revised Code, of all children under 74
eighteen years of age who have been adjudicated delinquent 75
children for committing within this state an act that would be a 76
felony or an offense of violence if committed by an adult or who 77
have been convicted of or pleaded guilty to committing within 79
this state a felony or an offense of violence, and of all 80
well-known and habitual criminals. The person in charge of any 82
county, multicounty, municipal, municipal-county, or 83
multicounty-municipal jail or workhouse, community-based 84
correctional facility, halfway house, alternative residential 85
facility, or state correctional institution and the person in 86
charge of any state institution having custody of a person 87
3
suspected of having committed a felony, any crime constituting a 89
misdemeanor on the first offense and a felony on subsequent
offenses, or any misdemeanor described in division (A)(1)(a) of 91
section 109.572 of the Revised Code or having custody of a child
under eighteen years of age with respect to whom there is 92
probable cause to believe that the child may have committed an 94
act that would be a felony or an offense of violence if committed 96
by an adult shall furnish such material to the superintendent of 98
the bureau. Fingerprints, photographs, or other descriptive 100
information of a child who is under eighteen years of age, has 101
not been arrested or otherwise taken into custody for committing
an act that would be a felony or an offense of violence if 103
committed by an adult, has not been adjudicated a delinquent 104
child for committing an act that would be a felony or an offense 105
of violence if committed by an adult, has not been convicted of 106
or pleaded guilty to committing a felony or an offense of 109
violence, and is not a child with respect to whom there is
probable cause to believe that the child may have committed an 111
act that would be a felony or an offense of violence if committed 113
by an adult shall not be procured by the superintendent or 114
furnished by any person in charge of any county, multicounty, 116
municipal, municipal-county, or multicounty-municipal jail or 117
workhouse, community-based correctional facility, halfway house, 118
alternative residential facility, or state correctional 119
institution, except as authorized in section 2151.313 of the 120
Revised Code.
(2) Every clerk of a court of record in this state, other 123
than the supreme court or a court of appeals, shall send to the 124
superintendent of the bureau a weekly report containing a summary 126
of each case involving a felony, involving any crime constituting 127
a misdemeanor on the first offense and a felony on subsequent 129
offenses, involving a misdemeanor described in division (A)(1)(a) 130
of section 109.572 of the Revised Code, or involving an 131
adjudication in a case in which a child under eighteen years of 132
4
age was alleged to be a delinquent child for committing an act 134
that would be a felony or an offense of violence if committed by 135
an adult. The clerk of the court of common pleas shall include 137
in the report and summary the clerk sends under this division all 138
information described in divisions (A)(2)(a) to (f) of this 139
section regarding a case before the court of appeals that is 140
served by that clerk. The summary shall be written on the 141
standard forms furnished by the superintendent pursuant to 143
division (B) of this section and shall include the following 144
information:
(a) The incident tracking number contained on the standard 146
forms furnished by the superintendent pursuant to division (B) of 147
this section; 148
(b) The style and number of the case; 150
(c) The date of arrest; 152
(d) The date that the person was convicted of or pleaded 154
guilty to the offense, adjudicated a delinquent child for 155
committing the act that would be a felony or an offense of 158
violence if committed by an adult, found not guilty of the
offense, or found not to be a delinquent child for committing an 159
act that would be a felony or an offense of violence if committed 162
by an adult, the date of an entry dismissing the charge, an entry 164
declaring a mistrial of the offense in which the person is 165
discharged, an entry finding that the person or child is not
competent to stand trial, or an entry of a nolle prosequi, or the 166
date of any other determination that constitutes final resolution 167
of the case;
(e) A statement of the original charge with the section of 169
the Revised Code that was alleged to be violated; 170
(f) If the person or child was convicted, pleaded guilty, 172
or was adjudicated a delinquent child, the sentence or terms of 174
probation imposed or any other disposition of the offender or the 175
delinquent child.
If the offense involved the disarming of a law enforcement 177
5
officer or an attempt to disarm a law enforcement officer, the 178
clerk shall clearly state that fact in the summary, and the 179
superintendent shall ensure that a clear statement of that fact 180
is placed in the bureau's records.
(3) The superintendent shall cooperate with and assist 182
sheriffs, chiefs of police, and other law enforcement officers in 184
the establishment of a complete system of criminal identification 185
and in obtaining fingerprints and other means of identification 186
of all persons arrested on a charge of a felony, any crime 187
constituting a misdemeanor on the first offense and a felony on 188
subsequent offenses, or a misdemeanor described in division 189
(A)(1)(a) of section 109.572 of the Revised Code and of all 190
children under eighteen years of age arrested or otherwise taken 192
into custody for committing an act that would be a felony or an 194
offense of violence if committed by an adult. The superintendent 196
also shall file for record the fingerprint impressions of all 197
persons confined in a county, multicounty, municipal, 198
municipal-county, or multicounty-municipal jail or workhouse,
community-based correctional facility, halfway house, alternative 200
residential facility, or state correctional institution for the 201
violation of state laws and of all children under eighteen years 203
of age who are confined in a county, multicounty, municipal, 204
municipal-county, or multicounty-municipal jail or workhouse, 205
community-based correctional facility, halfway house, alternative 206
residential facility, or state correctional institution or in any 208
facility for delinquent children for committing an act that would 210
be a felony or an offense of violence if committed by an adult, 211
and any other information that the superintendent may receive 213
from law enforcement officials of the state and its political 214
subdivisions.
(4) The superintendent shall carry out Chapter 2950. of 216
the Revised Code with respect to the registration of persons who 219
are convicted of or plead guilty to a sexually oriented offense 220
and with respect to all other duties imposed on the bureau under 221
6
that chapter.
(B) The superintendent shall prepare and furnish to every 223
county, multicounty, municipal, municipal-county, or 224
multicounty-municipal jail or workhouse, community-based 225
correctional facility, halfway house, alternative residential 226
facility, or state correctional institution and to every clerk of 227
a court in this state specified in division (A)(2) of this 228
section standard forms for reporting the information required 229
under division (A) of this section. The standard forms that the 231
superintendent prepares pursuant to this division may be in a 232
tangible format, in an electronic format, or in both tangible 233
formats and electronic formats.
(C) The superintendent may operate a center for 235
electronic, automated, or other data processing for the storage 236
and retrieval of information, data, and statistics pertaining to 237
criminals and to children under eighteen years of age who are 238
adjudicated delinquent children for committing an act that would 240
be a felony or an offense of violence if committed by an adult, 241
criminal activity, crime prevention, law enforcement, and 244
criminal justice, and may establish and operate a statewide
communications network to gather and disseminate information, 245
data, and statistics for the use of law enforcement agencies. 246
The superintendent may gather, store, retrieve, and disseminate 248
information, data, and statistics that pertain to children who
are under eighteen years of age and that are gathered pursuant to 249
sections 109.57 to 109.61 of the Revised Code together with 250
information, data, and statistics that pertain to adults and that 251
are gathered pursuant to those sections. 252
(D) The information and materials furnished to the 254
superintendent pursuant to division (A) of this section and 255
information and materials furnished to any board or person under 256
division (F) or (G) of this section are not public records under 257
section 149.43 of the Revised Code. 258
(E) The attorney general shall adopt rules, in accordance 260
7
with Chapter 119. of the Revised Code, setting forth the 261
procedure by which a person may receive or release information 262
gathered by the superintendent pursuant to division (A) of this 264
section. A reasonable fee may be charged for this service. If a 265
temporary employment service submits a request for a 266
determination of whether a person the service plans to refer to 267
an employment position has been convicted of or pleaded guilty to 268
an offense listed in division (A)(1), (3), (4), or (5) of section 269
109.572 of the Revised Code, the request shall be treated as a 270
single request and only one fee shall be charged. 271
(F)(1) As used in division (F)(2) of this section, "head 273
start agency" means an entity in this state that has been 274
approved to be an agency for purposes of subchapter II of the 275
"Community Economic Development Act," 95 Stat. 489 (1981), 42 276
U.S.C.A. 9831, as amended. 277
(2)(a) In addition to or in conjunction with any request 279
that is required to be made under section 109.572, 2151.86, 280
3301.32, 3301.541, 3319.39, 3701.881, 5104.012, 5104.013, 281
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code, the 282
board of education of any school district; THE DIRECTOR OF MENTAL 283
RETARDATION AND DEVELOPMENTAL DISABILITIES; any county board of 284
mental retardation and developmental disabilities; any entity 285
under contract with a county board of mental retardation and 286
developmental disabilities; the chief administrator of any 287
chartered nonpublic school; the chief administrator of any home 288
health agency; the chief administrator of or person operating any 289
child day-care center, type A family day-care home, or type B 290
family day-care home licensed or certified under Chapter 5104. of 291
the Revised Code; the administrator of any type C family day-care 292
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st 293
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st 294
general assembly; the chief administrator of any head start 295
agency; or the executive director of a public children services 296
agency may request that the superintendent of the bureau 297
8
investigate and determine, with respect to any individual who has 298
applied for employment in any position after October 2, 1989, or 299
any individual wishing to apply for employment with a board of 300
education may request, with regard to the individual, whether the 302
bureau has any information gathered under division (A) of this 303
section that pertains to that individual. On receipt of the 304
request, the superintendent shall determine whether that ANY 305
information exists and, upon request of the person, board, or 307
entity requesting information, also shall request from the 308
federal bureau of investigation any FINGERPRINT-BASED criminal 309
records it has pertaining to that individual. Within thirty days 311
of the date that the superintendent receives a request, the 313
superintendent shall send to the board, entity, or person a 314
report of any information that the superintendent determines 315
exists, including information contained in records that have been 316
sealed under section 2953.32 of the Revised Code, and, within 317
thirty days of its receipt, shall send the board, entity, or 318
person a report of any FINGERPRINT-BASED information received 319
from the federal bureau of investigation, other than information 320
the dissemination of which is prohibited by federal law. 321
(b) When a board of education is required to receive 323
information under this section as a prerequisite to employment of 324
an individual pursuant to section 3319.39 of the Revised Code, it 325
may accept a certified copy of records that were issued by the 327
bureau of criminal identification and investigation and that are
presented by an individual applying for employment with the 328
district in lieu of requesting that information itself. In such 329
a case, the board shall accept the certified copy issued by the 330
bureau in order to make a photocopy of it for that individual's 331
employment application documents and shall return the certified 332
copy to the individual. In a case of that nature, a district 333
only shall accept a certified copy of records of that nature 334
within one year after the date of their issuance by the bureau. 336
(3) The state board of education may request, with respect 338
9
to any individual who has applied for employment after October 2, 339
1989, in any position with the state board or the department of 340
education, any information that a school district board of 341
education is authorized to request under division (F)(2) of this 343
section, and the superintendent of the bureau shall proceed as if 344
the request has been received from a school district board of 345
education under division (F)(2) of this section. 346
(4) When the superintendent of the bureau receives a 348
request for information that is authorized under section 3319.291 349
of the Revised Code, the superintendent shall proceed as if the 350
request has been received from a school district board of 351
education under division (F)(2) of this section. 352
(5) When a recipient of an OhioReads classroom or 355
community reading grant paid under section 3301.86 or 3301.87 of 357
the Revised Code or an entity approved by the OhioReads council 359
requests, with respect to any individual who applies to 360
participate in providing any program or service through an entity 362
approved by the OhioReads council or funded in whole or in part 365
by the grant, the information that a school district board of
education is authorized to request under division (F)(2)(a) of 367
this section, the superintendent of the bureau shall proceed as 368
if the request has been received from a school district board of 370
education under division (F)(2)(a) of this section. 371
(G) In addition to or in conjunction with any request that 374
is required to be made under section 173.41, 3701.881, 3712.09, 375
3721.121, or 3722.151 of the Revised Code with respect to an 377
individual who has applied for employment in a position that 378
involves providing direct care to an older adult, the chief
administrator of a PASSPORT agency that provides services through 379
the PASSPORT program created under section 173.40 of the Revised 380
Code, home health agency, hospice care program, home licensed 382
under Chapter 3721. of the Revised Code, adult day-care program 383
operated pursuant to rules adopted under section 3721.04 of the 384
Revised Code, or adult care facility may request that the 386
10
superintendent of the bureau investigate and determine, with 387
respect to any individual who has applied after January 27, 1997, 389
for employment in a position that does not involve providing 390
direct care to an older adult, whether the bureau has any 391
information gathered under division (A) of this section that 392
pertains to that individual. On receipt of the request, the 393
superintendent shall determine whether that ANY information 394
exists and, on request of the administrator requesting 396
information, shall also request from the federal bureau of 397
investigation any FINGERPRINT-BASED criminal records it has 398
pertaining to that individual. Within thirty days of the date a 400
request is received, the superintendent shall send to the 401
administrator a report of any information determined to exist, 402
including information contained in records that have been sealed 403
under section 2953.32 of the Revised Code, and, within thirty 404
days of its receipt, shall send the administrator a report of any 405
FINGERPRINT-BASED information received from the federal bureau of 406
investigation, other than information the dissemination of which 408
is prohibited by federal law. 409
(H) Information obtained by a board, administrator, or 412
other person under this section is confidential and shall not be 413
released or disseminated.
(I) The superintendent may charge a reasonable fee for 415
providing information or criminal records under division (F)(2) 416
or (G) of this section. 417
Sec. 109.572. (A)(1) Upon receipt of a request pursuant 426
to section 2151.86, 3301.32, 3301.541, 3319.39, 5104.012, 427
5104.013, or 5153.111 of the Revised Code, a completed form 429
prescribed pursuant to division (C)(1) of this section, and a set 430
of fingerprint impressions obtained in the manner described in 431
division (C)(2) of this section, the superintendent of the bureau 432
of criminal identification and investigation shall conduct a 433
criminal records check in the manner described in division (B) of 434
this section to determine whether any information exists that 435
11
indicates that the person who is the subject of the request 436
previously has been convicted of or pleaded guilty to any of the 437
following, AND SHALL FORWARD AS PROVIDED IN DIVISION (A)(7) OF 438
THIS SECTION THE RESULTS OF THE CRIMINAL RECORDS CHECK TO THE 439
PERSON, BOARD, OR ENTITY THAT REQUESTED INFORMATION FOR USE UNDER 440
SECTION 2151.86, 3301.32, 3301.541, 3319.39, 5104.012, 5104.013, 441
OR 5153.111 OF THE REVISED CODE IN DETERMINING WHETHER OR NOT 442
THAT SECTION'S DISQUALIFICATION PROVISIONS APPLY: 443
(a) A violation of section 2903.01, 2903.02, 2903.03, 445
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 446
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 448
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 449
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 450
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 451
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 452
2925.06, or 3716.11 of the Revised Code, felonious sexual
penetration in violation of former section 2907.12 of the Revised 453
Code, a violation of section 2905.04 of the Revised Code as it 454
existed prior to July 1, 1996, a violation of section 2919.23 of 455
the Revised Code that would have been a violation of section 457
2905.04 of the Revised Code as it existed prior to July 1, 1996,
had the violation been committed prior to that date, or a 458
violation of section 2925.11 of the Revised Code that is not a 459
minor drug possession offense; 460
(b) A violation of an existing or former law of this 462
state, any other state, or the United States that is 463
substantially equivalent to any of the offenses listed in 464
division (A)(1)(a) of this section.
(2) On receipt of a request PURSUANT TO SECTION 5123.081 466
OF THE REVISED CODE WITH RESPECT TO AN APPLICANT FOR EMPLOYMENT 467
IN ANY POSITION WITH THE DEPARTMENT OF MENTAL RETARDATION AND 468
DEVELOPMENTAL DISABILITIES, pursuant to section 5126.28 of the 469
Revised Code with respect to an applicant for employment in any 471
position with a county board of mental retardation and 472
12
developmental disabilities, or pursuant to section 5126.281 of 473
the Revised Code with respect to an applicant for employment in a 475
DIRECT SERVICES position with an entity contracting with a county 476
board for employment in a position that involves providing 477
service directly to individuals with mental retardation and 478
developmental disabilities, a completed form prescribed pursuant 479
to division (C)(1) of this section, and a set of fingerprint 481
impressions obtained in the manner described in division (C)(2) 482
of this section, the superintendent of the bureau of criminal 483
identification and investigation shall conduct a criminal records 485
check. The superintendent shall conduct the criminal records 486
check in the manner described in division (B) of this section to 487
determine whether any information exists that indicates that the 488
person who is the subject of the request has been convicted of or 490
pleaded guilty to any of the following, AND SHALL FORWARD AS
PROVIDED IN DIVISION (A)(7) OF THIS SECTION THE RESULTS OF THE 492
CRIMINAL RECORDS CHECK TO THE PERSON, BOARD, OR ENTITY THAT 493
REQUESTED INFORMATION FOR USE UNDER SECTION 5123.081, 5126.08, OR
5126.281 OF THE REVISED CODE IN DETERMINING WHETHER OR NOT THAT 495
SECTION'S DISQUALIFICATION PROVISIONS APPLY:
(a) A violation of section 2903.01, 2903.02, 2903.03, 498
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 499
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, 500
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 501
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 502
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 503
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 504
or 3716.11 of the Revised Code; 505
(b) An existing or former MUNICIPAL ORDINANCE OR law of 507
this state, any other state, or the United States that is 508
substantially equivalent to any of the offenses listed in 509
division (A)(2)(a) of this section. 510
(3) On receipt of a request pursuant to section 173.41, 512
3712.09, 3721.121, or 3722.151 of the Revised Code, a completed 514
13
form prescribed pursuant to division (C)(1) of this section, and 515
a set of fingerprint impressions obtained in the manner described 516
in division (C)(2) of this section, the superintendent of the 518
bureau of criminal identification and investigation shall conduct 519
a criminal records check with respect to any person who has 520
applied for employment in a position that involves providing 521
direct care to an older adult. The superintendent shall conduct 522
the criminal records check in the manner described in division 523
(B) of this section to determine whether any information exists 525
that indicates that the person who is the subject of the request 526
previously has been convicted of or pleaded guilty to any of the 527
following, AND SHALL FORWARD AS PROVIDED IN DIVISION (A)(7) OF 528
THIS SECTION THE RESULTS OF THE CRIMINAL RECORDS CHECK TO THE 529
PERSON, BOARD, OR ENTITY THAT REQUESTED INFORMATION FOR USE UNDER 530
SECTION 173.41, 3712.09, 3721.121, OR 3722.151 OF THE REVISED 532
CODE IN DETERMINING WHETHER OR NOT THAT SECTION'S 533
DISQUALIFICATION PROVISIONS APPLY:
(a) A violation of section 2903.01, 2903.02, 2903.03, 536
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 537
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 538
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 540
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 541
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 543
2925.22, 2925.23, or 3716.11 of the Revised Code; 544
(b) An existing or former law of this state, any other 547
state, or the United States that is substantially equivalent to 548
any of the offenses listed in division (A)(3)(a) of this section. 549
(4) On receipt of a request pursuant to section 3701.881 551
of the Revised Code with respect to an applicant for employment 553
with a home health agency as a person responsible for the care, 554
custody, or control of a child, a completed form prescribed 555
pursuant to division (C)(1) of this section, and a set of 556
14
fingerprint impressions obtained in the manner described in 557
division (C)(2) of this section, the superintendent of the bureau 558
of criminal identification and investigation shall conduct a 559
criminal records check. The superintendent shall conduct the
criminal records check in the manner described in division (B) of 561
this section to determine whether any information exists that 562
indicates that the person who is the subject of the request 563
previously has been convicted of or pleaded guilty to any of the
following, AND SHALL FORWARD AS PROVIDED IN DIVISION (A)(7) OF 565
THIS SECTION THE RESULTS OF THE CRIMINAL RECORDS CHECK TO THE 566
PERSON, BOARD, OR ENTITY THAT REQUESTED INFORMATION FOR USE UNDER 567
SECTION 3701.881 OF THE REVISED CODE IN DETERMINING WHETHER OR 568
NOT THAT SECTION'S DISQUALIFICATION PROVISIONS APPLY: 569
(a) A violation of section 2903.01, 2903.02, 2903.03, 571
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 572
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, 573
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 574
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 575
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 576
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 577
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a 579
violation of section 2925.11 of the Revised Code that is not a 580
minor drug possession offense; 581
(b) An existing or former law of this state, any other 583
state, or the United States that is substantially equivalent to 584
any of the offenses listed in division (A)(4)(a) of this section. 585
(5) On receipt of a request pursuant to section 3701.881 587
of the Revised Code with respect to an applicant for employment 588
with a home health agency in a position that involves providing 590
direct care to an older adult, a completed form prescribed 591
pursuant to division (C)(1) of this section, and a set of 592
fingerprint impressions obtained in the manner described in 593
division (C)(2) of this section, the superintendent of the bureau 594
of criminal identification and investigation shall conduct a 595
15
criminal records check. The superintendent shall conduct the
criminal records check in the manner described in division (B) of 597
this section to determine whether any information exists that 598
indicates that the person who is the subject of the request 599
previously has been convicted of or pleaded guilty to any of the
following, AND SHALL FORWARD AS PROVIDED IN DIVISION (A)(7) OF 601
THIS SECTION THE RESULTS OF THE CRIMINAL RECORDS CHECK TO THE 602
PERSON, BOARD, OR ENTITY THAT REQUESTED INFORMATION FOR USE UNDER 603
SECTION 3701.881 OF THE REVISED CODE IN DETERMINING WHETHER OR 604
NOT THAT SECTION'S DISQUALIFICATION PROVISIONS APPLY: 605
(a) A violation of section 2903.01, 2903.02, 2903.03, 608
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 609
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 610
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 612
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 613
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 615
2925.22, 2925.23, or 3716.11 of the Revised Code; 616
(b) An existing or former law of this state, any other 618
state, or the United States that is substantially equivalent to 619
any of the offenses listed in division (A)(5)(a) of this section. 620
(6) When conducting a criminal records check upon a 622
request pursuant to section 3319.39 of the Revised Code for an 623
applicant who is a teacher, the superintendent shall determine 624
whether any information exists that indicates that the person who 625
is the subject of the request previously has been convicted of or 626
pleaded guilty to any offense specified in section 3319.31 of the 627
Revised Code. 628
(7) Not later than thirty days after the date the 630
superintendent receives the request, completed form, and 632
fingerprint impressions, the superintendent shall send the person 633
who, BOARD, OR ENTITY THAT made the request any information, 635
other than information the dissemination of which is prohibited 636
16
by federal law, the superintendent determines exists with respect
to the person who is the subject of the request that indicates 637
that the person previously has been convicted of or pleaded 639
guilty to any offense listed or described in division (A)(1), 640
(2), (3), (4), or (5) of this section. The superintendent shall 642
send the person who, BOARD, OR ENTITY THAT made the request a 643
copy of the list of offenses specified in division (A)(1), (2), 645
(3), (4), or (5) of this section. If the request was made under 646
section 3701.881 of the Revised Code with regard to an applicant 647
who may be both responsible for the care, custody, or control of
a child and involved in providing direct care to an older adult, 648
the superintendent shall provide a list of the offenses specified 650
in divisions (A)(4) and (5) of this section RESULTS OF THE 651
CRIMINAL RECORDS CHECK FOR USE BY THE PERSON, BOARD, OR ENTITY IN 652
DETERMINING WHETHER OR NOT DISQUALIFICATION PROVISIONS UNDER AN 653
APPLICABLE SECTION OF THE REVISED CODE APPLY. 654
(B) The superintendent shall conduct any criminal records 656
check requested under section 173.41, 2151.86, 3301.32, 3301.541, 657
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 658
5104.013, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised 659
Code as follows: 660
(1) The superintendent shall review or cause to be 662
reviewed any relevant information gathered and compiled by the 663
bureau under division (A) of section 109.57 of the Revised Code 664
that relates to the person who is the subject of the request, 665
including any relevant information contained in records that have 666
been sealed under section 2953.32 of the Revised Code;. 667
(2) If the request received by the superintendent asks for 669
FINGERPRINT-BASED information from the federal bureau of 671
investigation AND THE CRIMINAL RECORDS CHECK REQUESTED IS 672
MANDATED BY A SECTION OF THE REVISED CODE, the superintendent 673
shall request from the federal bureau of investigation any 674
FINGERPRINT-BASED information it has with respect to the person 675
who is the subject of the request and shall review or cause to be 676
17
reviewed any information the superintendent receives from that 677
bureau.
(C)(1) The superintendent shall prescribe a form to obtain 679
the information necessary to conduct a criminal records check 680
from any person for whom a criminal records check is required by 681
section 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 682
3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5123.081, 683
5126.28, 5126.281, or 5153.111 of the Revised Code. THE FORM 684
THAT THE SUPERINTENDENT PRESCRIBES UNDER THIS DIVISION MAY BE IN 685
A TANGIBLE FORMAT, IN AN ELECTRONIC FORMAT, OR IN BOTH TANGIBLE 686
FORMATS AND ELECTRONIC FORMATS.
(2) The superintendent shall prescribe standard impression 688
sheets OR OTHER METHODS to obtain the fingerprint impressions of 689
any person for whom a criminal records check is required by 691
section 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 692
3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5123.081, 693
5126.28, 5126.281, or 5153.111 of the Revised Code OR OF ANY 694
PERSON FOR WHOM ANY OTHER CRIMINAL RECORDS CHECK IS REQUESTED OF 695
THE SUPERINTENDENT FOR EMPLOYMENT OR LICENSING PURPOSES. Any 696
person for whom a records check is required by any of those 697
sections shall obtain the fingerprint impressions at a county 698
sheriff's office, municipal police department, or any other 699
entity with the ability to make fingerprint impressions on the 700
standard impression sheets OR BY ANOTHER METHOD prescribed by the 702
superintendent. The office, department, or entity may charge the 703
person a reasonable fee for making the impressions. THE STANDARD 704
IMPRESSION SHEETS OR OTHER METHODS THAT THE SUPERINTENDENT 705
PRESCRIBES UNDER THIS DIVISION FOR OBTAINING FINGERPRINT
IMPRESSIONS MAY BE IN A TANGIBLE FORMAT, IN AN ELECTRONIC FORMAT, 706
OR IN BOTH TANGIBLE AND ELECTRONIC FORMATS. 707
(3) Subject to division (D) of this section, the 709
superintendent shall prescribe and charge a reasonable fee for 710
providing a criminal records check requested under section 711
173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 712
18
3721.121, 3722.151, 5104.012, 5104.013, 5123.081, 5126.28, 713
5126.281, or 5153.111 of the Revised Code. The person making a 715
criminal records request under section 173.41, 2151.86, 3301.32, 716
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 717
5104.012, 5104.013, 5123.081, 5126.28, 5126.281, or 5153.111 of 719
the Revised Code shall pay the fee prescribed pursuant to this
division. A person making a request under section 3701.881 of 720
the Revised Code for a criminal records check for an applicant 721
who may be both responsible for the care, custody, or control of 722
a child and involved in providing direct care to an older adult 723
shall pay one fee for the request.
(D) A determination whether any information exists that 725
indicates that a person previously has been convicted of or 726
pleaded guilty to any offense listed or described in division 727
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) 728
or (b), or (A)(5)(a) or (b) of this section THE RESULTS OF A 729
CRIMINAL RECORDS CHECK WITH RESPECT TO A PARTICULAR PERSON that 730
is made by the superintendent with respect to information 732
considered in a criminal records check in accordance with this 733
section is ARE valid for the person who is the subject of the 735
criminal records check for a period of one year from the date 736
upon which the superintendent makes the determination RESULTS ARE 737
FORWARDED UNDER DIVISION (A)(1), (2), (3), (4), OR (5) OF THIS 738
SECTION TO THE PERSON, BOARD, OR ENTITY THAT REQUESTED THE 739
CRIMINAL RECORDS CHECK FOR USE IN DETERMINING WHETHER OR NOT
DISQUALIFICATION PROVISIONS UNDER AN APPLICABLE SECTION OF THE 741
REVISED CODE APPLY. During the period in which the determination 742
in regard to a person is valid, if IF, WITHIN THAT ONE-YEAR 743
PERIOD, another request under this section is made for a criminal 745
records check for that person, the superintendent shall provide 746
the information that is the basis for the superintendent's 747
RESULTS OF THAT PERSON'S initial determination CRIMINAL RECORDS 748
CHECK TO THE PERSON, BOARD, OR ENTITY THAT REQUESTED THE 749
SUBSEQUENT CRIMINAL RECORDS CHECK at a lower fee than the fee 750
19
prescribed for the initial criminal records check. 751
(E) As used in this section: 753
(1) "Criminal records check" means any criminal records 755
check conducted by the superintendent of the bureau of criminal 757
identification and investigation in accordance with division (B) 758
of this section.
(2) "Minor drug possession offense" has the same meaning 760
as in section 2925.01 of the Revised Code. 761
(3) "Older adult" means a person age sixty or older. 763
Sec. 109.58. (A) The superintendent of the bureau of 772
criminal identification and investigation shall prepare standard 773
impression sheets on which fingerprints may be made in accordance 774
with the fingerprint system of identification. The impression 775
sheets may provide for other descriptive matter that the 776
superintendent may prescribe. The superintendent shall furnish 777
the impression sheets to each sheriff, chief of police, and 779
person in charge of every county, multicounty, municipal, 780
municipal-county, or multicounty-municipal jail or workhouse, 781
community-based correctional facility, halfway house, alternative
residential facility, or state correctional institution within 783
the state. Upon the request of the board of education of a 784
school district or of the principal or chief administrative 785
officer of a nonpublic school, the superintendent shall provide 786
standard impression sheets to the district or school for use in 787
their fingerprinting programs under section 3313.96 of the 788
Revised Code.
(B) THE SUPERINTENDENT ALSO MAY PRESCRIBE PURSUANT TO 790
DIVISION (C)(2) OF SECTION 109.572 OF THE REVISED CODE METHODS 792
FOR CAPTURING, ENTERING, AND TRANSMITTING FINGERPRINT IMPRESSIONS
AND OTHER DESCRIPTIVE INFORMATION IN AN ELECTRONIC FORMAT. 793
Sec. 109.59. The sheriff, chief of police, or other person 802
in charge of each prison A JAIL, workhouse, OTHER FACILITY OR 804
HOUSE, or state correctional institution LISTED IN SECTION 109.58 805
OF THE REVISED CODE shall send to the bureau of criminal 808
20
identification and investigation, on forms STANDARD IMPRESSION 809
SHEETS furnished by, OR BY ELECTRONIC OR OTHER METHODS PRESCRIBED 810
PURSUANT TO DIVISION (C)(2) OF SECTION 109.572 OF THE REVISED 811
CODE BY, the superintendent of the bureau, any fingerprint 812
impressions and other descriptive measurements INFORMATION that 813
the superintendent may require. The information shall be filed, 815
classified, and preserved by the bureau.
Sec. 109.60. (A)(1) The sheriffs of the several counties 824
and the chiefs of police of cities, immediately upon the arrest 825
of any person for any felony, on suspicion of any felony, for a 826
crime constituting a misdemeanor on the first offense and a 827
felony on subsequent offenses, or for any misdemeanor described 828
in division (A)(1)(a) of section 109.572 of the Revised Code, and 830
immediately upon the arrest or taking into custody of any child 832
under eighteen years of age for committing an act that would be a 835
felony or an offense of violence if committed by an adult or upon 836
probable cause to believe that a child of that age may have 838
committed an act that would be a felony or an offense of violence 840
if committed by an adult, shall take the person's or child's 841
fingerprints, or cause the same to be taken, according to the 842
fingerprint system of identification on the forms furnished by A 843
METHOD THAT the superintendent of the bureau of criminal 845
identification and investigation, PRESCRIBES PURSUANT TO DIVISION 846
(C)(2) OF SECTION 109.572 OF THE REVISED CODE and immediately 847
shall forward OR TRANSMIT copies of the completed forms, 849
FINGERPRINT IMPRESSIONS AND any other description DESCRIPTIVE 851
INFORMATION that may be required, and the history of the offense 853
committed to the bureau to be classified and filed and to the 855
clerk of the court having jurisdiction over the prosecution of 856
the offense or over the adjudication relative to the act. 857
(2) If a sheriff or chief of police has not taken, or 860
caused to be taken, a person's or child's fingerprints in 861
accordance with division (A)(1) of this section by the time of 862
the arraignment or first appearance of the person or child, the 863
21
court shall order the person or child to appear before the 864
sheriff or chief of police within twenty-four hours to have the 865
person's or child's fingerprints taken. The sheriff or chief of 867
police shall take the person's or child's fingerprints, or cause 868
the fingerprints to be taken, according to the fingerprint system 869
of identification on the forms furnished by A METHOD THAT the 870
superintendent of the bureau of criminal identification and 871
investigation PRESCRIBES PURSUANT TO DIVISION (C)(2) OF SECTION 872
109.572 OF THE REVISED CODE and, immediately after the person's 874
or child's arraignment or first appearance, forward OR TRANSMIT 875
copies of the completed forms, FINGERPRINT IMPRESSIONS AND any 877
other description DESCRIPTIVE INFORMATION that may be required, 879
and the history of the offense committed to the bureau to be 880
classified and filed and to the clerk of the court. 881
(3) Every court with jurisdiction over a case involving a 883
person or child with respect to whom division (A)(1) of this 884
section requires a sheriff or chief of police to take the 886
person's or child's fingerprints shall inquire at the time of the 887
person's or child's sentencing or adjudication whether or not the 888
person or child has been fingerprinted pursuant to division 889
(A)(1) or (2) of this section for the original arrest upon which 891
the sentence or adjudication is based. If the person or child 892
was not fingerprinted for the original arrest upon which the 893
sentence or adjudication is based, the court shall order the 894
person or child to appear before the sheriff or chief of police 895
within twenty-four hours to have the person's or child's 896
fingerprints taken. The sheriff or chief of police shall take 897
the person's or child's fingerprints, or cause the fingerprints
to be taken, according to the fingerprint system of 898
identification on the forms furnished by A METHOD THAT the 899
superintendent of the bureau of criminal identification and 901
investigation PRESCRIBES PURSUANT TO DIVISION (C)(2) OF SECTION 902
109.572 OF THE REVISED CODE and immediately forward OR TRANSMIT 904
copies of the completed forms, FINGERPRINT IMPRESSIONS AND any 905
22
other description DESCRIPTIVE INFORMATION that may be required, 907
and the history of the offense committed to the bureau to be 908
classified and filed and to the clerk of the court.
(4) If a person or child is in the custody of a law 910
enforcement agency or a detention facility, as defined in section 912
2921.01 of the Revised Code, and the chief law enforcement 914
officer or chief administrative officer of the detention facility 915
discovers that a warrant has been issued or a bill of information 916
has been filed alleging the person or child to have committed an 917
offense or act other than the offense or act for which the person
or child is in custody, and the other alleged offense or act is 918
one for which fingerprints are to be taken pursuant to division 919
(A)(1) of this section, the law enforcement agency or detention 921
facility shall take the fingerprints of the person or child, or 922
cause the fingerprints to be taken, according to the fingerprint 924
system of identification on the forms furnished by A METHOD THAT 925
the superintendent of the bureau of criminal identification and 926
investigation PRESCRIBES PURSUANT TO DIVISION (C)(2) OF SECTION 927
109.572 OF THE REVISED CODE and immediately forward OR TRANSMIT 929
copies of the completed forms, FINGERPRINT IMPRESSIONS AND any 930
other description that may be required, and the history of the 931
offense committed to the bureau to be classified and filed and to 932
the clerk of the court that issued the warrant or with which the 933
bill of information was filed. 934
(5) If an accused is found not guilty of the offense 938
charged or a nolle prosequi is entered in any case, or if any 939
accused child under eighteen years of age is found not to be a
delinquent child for committing an act that would be a felony or 941
an offense of violence if committed by an adult or not guilty of 943
the felony or offense of violence charged or a nolle prosequi is 944
entered in that case, the fingerprints and description 946
DESCRIPTIVE INFORMATION shall be given to the accused upon the 947
accused's request.
(6) The superintendent shall compare the description 951
23
FINGERPRINT IMPRESSIONS AND DESCRIPTIVE INFORMATION received with 952
those FINGERPRINT IMPRESSIONS AND DESCRIPTIVE INFORMATION already 953
on file in the bureau, and, if the superintendent finds that the 955
person arrested or taken into custody has a criminal record or a 957
record as a delinquent child for having committed an act that 958
would be a felony or an offense of violence if committed by an 959
adult or is a fugitive from justice or wanted by any jurisdiction 961
in this or another state, the United States, or a foreign country 963
for any offense, the superintendent at once shall inform the 964
arresting officer, the officer taking the person into custody, or 966
the chief administrative officer of the county, multicounty, 967
municipal, municipal-county, or multicounty-municipal jail or
workhouse, community-based correctional facility, halfway house, 968
alternative residential facility, or state correctional 969
institution in which the person or child is in custody of that 972
fact and give appropriate notice to the proper authorities in the 973
jurisdiction in which the person is wanted, or, if that 974
jurisdiction is a foreign country, give appropriate notice to 975
federal authorities for transmission to the foreign country. The 976
names, under which each person whose identification is filed is 977
known, shall be alphabetically indexed by the superintendent. 978
(B) This section does not apply to a violator of a city 980
ordinance unless the officers have reason to believe that the 981
violator is a past offender or the crime is one constituting a 982
misdemeanor on the first offense and a felony on subsequent 983
offenses, or unless it is advisable for the purpose of subsequent 984
identification. This section does not apply to any child under 985
eighteen years of age who was not arrested or otherwise taken 986
into custody for committing an act that would be a felony or an 988
offense of violence if committed by an adult or upon probable 990
cause to believe that a child of that age may have committed an 993
act that would be a felony or an offense of violence if committed 995
by an adult, except as provided in section 2151.313 of the 996
Revised Code.
24
Sec. 173.41. (A) As used in this section: 1,005
(1) "Applicant" means a person who is under final 1,007
consideration for employment with a PASSPORT agency in a 1,008
full-time, part-time, or temporary position that involves 1,010
providing direct care to an older adult. "Applicant" does not 1,012
include a person who provides direct care as a volunteer without 1,014
receiving or expecting to receive any form of remuneration other 1,015
than reimbursement for actual expenses.
(2) "Criminal records check" and "older adult" have the 1,017
same meanings as in section 109.572 of the Revised Code. 1,019
(3) "PASSPORT agency" means a public or private entity 1,021
that provides home and community-based services to older adults 1,022
through the PASSPORT program created under section 173.40 of the 1,024
Revised Code.
(B)(1) Except as provided in division (I) of this section, 1,027
the chief administrator of a PASSPORT agency shall request that 1,028
the superintendent of the bureau of criminal identification and 1,029
investigation conduct a criminal records check with respect to 1,030
each applicant. If an applicant for whom a criminal records 1,031
check request is required under this division does not present 1,032
proof of having been a resident of this state for the five-year 1,033
period immediately prior to the date the criminal records check 1,034
is requested or provide evidence that within that five-year 1,035
period the superintendent has requested FINGERPRINT-BASED
information about the applicant from the federal bureau of 1,037
investigation in a criminal records check, the chief 1,038
administrator shall request that the superintendent obtain 1,039
FINGERPRINT-BASED information from the federal bureau of 1,040
investigation as part of the criminal records check of the 1,041
applicant. Even if an applicant for whom a criminal records 1,043
check request is required under this division presents proof of
having been a resident of this state for the five-year period, 1,045
the chief administrator may request that the superintendent 1,046
include FINGERPRINT-BASED information from the federal bureau of 1,047
25
investigation in the criminal records check. 1,049
(2) A person required by division (B)(1) of this section 1,051
to request a criminal records check shall do both of the 1,052
following: 1,053
(a) Provide to each applicant for whom a criminal records 1,055
check request is required under that division a copy of the form 1,056
prescribed pursuant to division (C)(1) of section 109.572 of the 1,057
Revised Code and a standard fingerprint impression sheet 1,058
prescribed ANY MATERIAL NEEDED TO OBTAIN FINGERPRINT IMPRESSIONS 1,059
pursuant to division (C)(2) of that section, and obtain the 1,060
completed form and impression sheet MATERIAL from the applicant; 1,061
(b) Forward OR TRANSMIT the completed form and impression 1,063
sheet MATERIAL to the superintendent of the bureau of criminal 1,065
identification and investigation. 1,066
(3) An applicant provided the form and fingerprint 1,068
impression sheet MATERIAL under division (B)(2)(a) of this 1,070
section who fails to complete the form or provide fingerprint 1,071
impressions shall not be employed in any position for which a 1,073
criminal records check is required by this section. 1,074
(C)(1) Except as provided in rules adopted by the 1,076
department of aging in accordance with division (F) of this 1,077
section and subject to division (C)(2) of this section, no 1,079
PASSPORT agency shall employ a person in a position that involves 1,081
providing direct care to an older adult if the person has been 1,082
convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 1,084
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 1,085
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 1,086
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 1,088
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 1,089
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 1,090
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 1,091
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 1,092
2925.22, 2925.23, or 3716.11 of the Revised Code. 1,093
26
(b) A violation of an existing or former law of this 1,095
state, any other state, or the United States that is 1,097
substantially equivalent to any of the offenses listed in 1,098
division (C)(1)(a) of this section. 1,099
(2)(a) A PASSPORT agency may employ conditionally an 1,101
applicant for whom a criminal records check request is required 1,103
under division (B) of this section prior to obtaining the results 1,104
of a criminal records check regarding the individual, provided 1,106
that the agency shall request a criminal records check regarding 1,108
the individual in accordance with division (B)(1) of this section 1,109
not later than five business days after the individual begins 1,110
conditional employment. In the circumstances described in 1,111
division (I)(2) of this section, a PASSPORT agency may employ 1,113
conditionally an applicant who has been referred to the PASSPORT 1,115
agency by an employment service that supplies full-time, 1,116
part-time, or temporary staff for positions involving the direct 1,117
care of older adults and for whom, pursuant to that division, a 1,118
criminal records check is not required under division (B) of this 1,120
section.
(b) A PASSPORT agency that employs an individual 1,124
conditionally under authority of division (C)(2)(a) of this 1,126
section shall terminate the individual's employment if the 1,128
results of the criminal records check request under division (B) 1,129
of this section or described in division (I)(2) of this section, 1,130
other than the results of any request for FINGERPRINT-BASED 1,132
information from the federal bureau of investigation, are not 1,134
obtained within the period ending sixty days after the date the 1,135
request is made. Regardless of when the results of the criminal 1,136
records check are obtained, if the results indicate that the 1,137
individual has been convicted of or pleaded guilty to any of the 1,138
offenses listed or described in division (C)(1) of this section, 1,140
the agency shall terminate the individual's employment unless the 1,142
agency chooses to employ the individual pursuant to division (F) 1,143
of this section. Termination of employment under this division 1,144
27
shall be considered just cause for discharge for purposes of 1,145
division (D)(2) of section 4141.29 of the Revised Code if the 1,147
individual makes any attempt to deceive the agency about the 1,148
individual's criminal record.
(D)(1) Each PASSPORT agency shall pay to the bureau of 1,150
criminal identification and investigation the fee prescribed 1,151
pursuant to division (C)(3) of section 109.572 of the Revised 1,152
Code for each criminal records check conducted pursuant to a 1,153
request made under division (B) of this section. 1,155
(2) A PASSPORT agency may charge an applicant a fee not 1,158
exceeding the amount the agency pays under division (D)(1) of 1,159
this section. An agency may collect a fee only if both of the 1,160
following apply:
(a) The agency notifies the person at the time of initial 1,162
application for employment of the amount of the fee and that, 1,164
unless the fee is paid, the person will not be considered for 1,165
employment;
(b) The medical assistance program established under 1,167
Chapter 5111. of the Revised Code does not reimburse the agency 1,170
the fee it pays under division (D)(1) of this section. 1,171
(E) The report of any criminal records check conducted 1,173
pursuant to a request made under this section is not a public 1,174
record for the purposes of section 149.43 of the Revised Code and 1,175
shall not be made available to any person other than the 1,176
following:
(1) The individual who is the subject of the criminal 1,178
records check or the individual's representative; 1,180
(2) The chief administrator of the agency requesting the 1,183
criminal records check or the administrator's representative;
(3) The administrator of any other facility, agency, or 1,185
program that provides direct care to older adults that is owned 1,186
or operated by the same entity that owns or operates the PASSPORT 1,187
agency;
(4) A court, hearing officer, or other necessary 1,189
28
individual involved in a case dealing with a denial of employment 1,190
of the applicant or dealing with employment or unemployment 1,191
benefits of the applicant;
(5) Any person to whom the report is provided pursuant to, 1,194
and in accordance with, division (I)(1) or (2) of this section. 1,196
(F) The department of aging shall adopt rules in 1,198
accordance with Chapter 119. of the Revised Code to implement 1,200
this section. The rules shall specify circumstances under which 1,202
a PASSPORT agency may employ a person who has been convicted of 1,203
or pleaded guilty to an offense listed or described in division 1,204
(C)(1) of this section but meets personal character standards set 1,205
by the department. 1,206
(G) The chief administrator of a PASSPORT agency shall 1,209
inform each person, at the time of initial application for a 1,210
position that involves providing direct care to an older adult, 1,211
that the person is required to provide a set of fingerprint
impressions and that a criminal records check is required to be 1,212
conducted if the person comes under final consideration for 1,213
employment.
(H) In a tort or other civil action for damages that is 1,215
brought as the result of an injury, death, or loss to person or 1,216
property caused by an individual who a PASSPORT agency employs in 1,218
a position that involves providing direct care to older adults, 1,219
all of the following shall apply: 1,220
(1) If the agency employed the individual in good faith 1,222
and reasonable reliance on the report of a criminal records check 1,224
requested under this section, the agency shall not be found 1,225
negligent solely because of its reliance on the report, even if 1,226
the information in the report is determined later to have been 1,227
incomplete or inaccurate;
(2) If the agency employed the individual in good faith on 1,230
a conditional basis pursuant to division (C)(2) of this section, 1,231
the agency shall not be found negligent solely because it 1,232
employed the individual prior to receiving the report of a 1,233
29
criminal records check requested under this section; 1,234
(3) If the agency in good faith employed the individual 1,236
according to the personal character standards established in 1,238
rules adopted under division (F) of this section, the agency 1,240
shall not be found negligent solely because the individual prior 1,241
to being employed had been convicted of or pleaded guilty to an 1,242
offense listed or described in division (C)(1) of this section. 1,243
(I)(1) The chief administrator of a PASSPORT agency is not 1,246
required to request that the superintendent of the bureau of 1,247
criminal identification and investigation conduct a criminal 1,248
records check of an applicant if the applicant has been referred 1,249
to the agency by an employment service that supplies full-time, 1,251
part-time, or temporary staff for positions involving the direct 1,252
care of older adults and both of the following apply: 1,253
(a) The chief administrator receives from the employment 1,255
service or the applicant a report of the results of a criminal 1,256
records check regarding the applicant that has been conducted by 1,257
the superintendent within the one-year period immediately 1,258
preceding the applicant's referral; 1,259
(b) The report of the criminal records check demonstrates 1,261
that the person has not been convicted of or pleaded guilty to an 1,263
offense listed or described in division (C)(1) of this section,
or the report demonstrates that the person has been convicted of 1,265
or pleaded guilty to one or more of those offenses, but the 1,266
PASSPORT agency chooses to employ the individual pursuant to 1,267
division (F) of this section. 1,268
(2) The chief administrator of a PASSPORT agency is not 1,271
required to request that the superintendent of the bureau of 1,272
criminal identification and investigation conduct a criminal 1,273
records check of an applicant and may employ the applicant 1,274
conditionally as described in this division, if the applicant has 1,276
been referred to the agency by an employment service that
supplies full-time, part-time, or temporary staff for positions 1,277
involving the direct care of older adults and if the chief 1,278
30
administrator receives from the employment service or the 1,279
applicant a letter from the employment service that is on the 1,281
letterhead of the employment service, dated, and signed by a 1,282
supervisor or another designated official of the employment 1,283
service and that states that the employment service has requested 1,284
the superintendent to conduct a criminal records check regarding 1,285
the applicant, that the requested criminal records check will 1,286
include a determination of whether the applicant has been 1,287
convicted of or pleaded guilty to any offense listed or described 1,288
in division (C)(1) of this section, that, as of the date set 1,290
forth on the letter, the employment service had not received the 1,291
results of the criminal records check, and that, when the 1,292
employment service receives the results of the criminal records 1,294
check, it promptly will send a copy of the results to the 1,295
PASSPORT agency. If a PASSPORT agency employs an applicant 1,298
conditionally in accordance with this division, the employment 1,299
service, upon its receipt of the results of the criminal records 1,300
check, promptly shall send a copy of the results to the PASSPORT 1,301
agency, and division (C)(2)(b) of this section applies regarding 1,305
the conditional employment. 1,306
Sec. 2151.86. (A)(1) The appointing or hiring officer of 1,315
any entity that employs any person responsible for a child's care 1,316
in out-of-home care shall request the superintendent of the 1,317
bureau of criminal identification and investigation to conduct a 1,318
criminal records check with respect to any applicant who has 1,319
applied to the entity for employment as a person responsible for 1,320
a child's care in out-of-home care. The administrative director 1,321
of any entity that designates a person as a prospective adoptive 1,322
parent or as a prospective foster parent shall request the 1,323
superintendent to conduct a criminal records check with respect 1,324
to that person. If the applicant, prospective adoptive parent, 1,325
or prospective foster parent does not present proof that the 1,326
applicant or prospective adoptive or foster parent has been a 1,327
resident of this state for the five-year period immediately prior 1,329
31
to the date upon which the criminal records check is requested or 1,330
does not provide evidence that within that five-year period the 1,331
superintendent has requested FINGERPRINT-BASED information about 1,333
the applicant or prospective adoptive or foster parent from the
federal bureau of investigation in a criminal records check, the 1,335
appointing or hiring officer or administrative director shall 1,336
request that the superintendent obtain FINGERPRINT-BASED
information from the federal bureau of investigation as a part of 1,338
the criminal records check. If the applicant, prospective 1,339
adoptive parent, or prospective foster parent presents proof that 1,340
the applicant or prospective adoptive or foster parent has been a 1,341
resident of this state for that five-year period, the appointing 1,343
or hiring officer or administrator may request that the 1,344
superintendent include FINGERPRINT-BASED information from the
federal bureau of investigation in the criminal records check. 1,346
(2) Any person required by division (A)(1) of this section 1,348
to request a criminal records check shall provide to each 1,349
applicant, prospective adoptive parent, or prospective foster 1,350
parent a copy of the form prescribed pursuant to division (C)(1) 1,351
of section 109.572 of the Revised Code and a standard impression 1,352
sheet to obtain fingerprint impressions prescribed ANY MATERIAL 1,353
NEEDED TO OBTAIN FINGERPRINT IMPRESSIONS pursuant to division 1,355
(C)(2) of THAT section 109.572 of the Revised Code, obtain the 1,357
completed form and impression sheet MATERIAL from each applicant, 1,358
prospective adoptive parent, or prospective foster parent, and 1,359
forward OR TRANSMIT the completed form and impression sheet 1,360
MATERIAL to the superintendent of the bureau of criminal 1,362
identification and investigation at the time the person requests 1,363
a criminal records check pursuant to division (A)(1) of this 1,364
section.
(3) Any applicant, prospective adoptive parent, or 1,366
prospective foster parent who receives pursuant to division 1,367
(A)(2) of this section a copy of the form prescribed pursuant to 1,368
division (C)(1) of section 109.572 of the Revised Code and a copy 1,369
32
of an impression sheet prescribed ANY MATERIAL NEEDED TO OBTAIN 1,370
FINGERPRINT IMPRESSIONS pursuant to division (C)(2) of that 1,372
section and who is requested to complete the form and provide a 1,373
set of fingerprint impressions shall complete the form or provide 1,374
all the information necessary to complete the form and shall 1,375
provide the impression sheet MATERIAL with the impressions of the 1,376
applicant's or prospective adoptive or foster parent's 1,377
fingerprints. If an applicant, prospective adoptive parent, or 1,378
prospective foster parent, upon request, fails to provide the 1,379
information necessary to complete the form or fails to provide 1,380
impressions of the applicant's or prospective adoptive or foster 1,381
parent's fingerprints, the entity shall not employ that applicant 1,382
for any position for which a criminal records check is required 1,384
by division (A)(1) of this section and shall not consider the 1,385
prospective adoptive parent or prospective foster parent as an 1,386
adoptive parent or foster parent.
(B)(1) No entity shall employ a person as a person 1,388
responsible for a child's care in out-of-home care or permit a 1,389
person to become an adoptive parent or foster parent if the 1,390
person previously has been convicted of or pleaded guilty to any 1,391
of the following, unless the person meets rehabilitation 1,392
standards established in rules adopted under division (E) of this 1,393
section:
(a) A violation of section 2903.01, 2903.02, 2903.03, 1,395
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 1,396
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 1,398
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 1,399
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 1,400
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 1,401
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 1,402
2925.06, or 3716.11 of the Revised Code, a violation of section 1,403
2905.04 of the Revised Code as it existed prior to July 1, 1996,
a violation of section 2919.23 of the Revised Code that would 1,404
have been a violation of section 2905.04 of the Revised Code as 1,405
33
it existed prior to July 1, 1996, had the violation been 1,406
committed prior to that date, a violation of section 2925.11 of 1,407
the Revised Code that is not a minor drug possession offense, or 1,408
felonious sexual penetration in violation of former section 1,409
2907.12 of the Revised Code;
(b) A violation of an existing or former law of this 1,411
state, any other state, or the United States that is 1,412
substantially equivalent to any of the offenses described in 1,413
division (B)(1)(a) of this section.
(2) An out-of-home care entity may employ an applicant 1,415
conditionally until the criminal records check required by this 1,416
section is completed and the entity receives the results of the 1,417
criminal records check. If the results of the criminal records 1,418
check indicate that, pursuant to division (B)(1) of this section, 1,419
the applicant does not qualify for employment, the entity shall 1,420
release the applicant from employment. 1,421
(C)(1) The out-of-home care entity shall pay to the bureau 1,423
of criminal identification and investigation the fee prescribed 1,424
pursuant to division (C)(3) of section 109.572 of the Revised 1,425
Code for each criminal records check conducted in accordance with 1,426
that section upon a request pursuant to division (A)(1) of this 1,427
section. 1,428
(2) An out-of-home care entity may charge an applicant, 1,430
prospective adoptive parent, or prospective foster parent a fee 1,431
for the costs it incurs in obtaining a criminal records check 1,432
under this section. A fee charged under this division shall not 1,433
exceed the amount of fees the entity pays under division (C)(1) 1,434
of this section. If a fee is charged under this division, the 1,435
entity shall notify the applicant, prospective adoptive parent, 1,436
or prospective foster parent at the time of the person's initial 1,437
application for employment or for becoming an adoptive parent or 1,438
foster parent of the amount of the fee and that, unless the fee 1,439
is paid, the entity will not consider the person for employment 1,441
or as an adoptive parent or foster parent. 1,442
34
(D) The report of any criminal records check conducted by 1,444
the bureau of criminal identification and investigation in 1,445
accordance with section 109.572 of the Revised Code and pursuant 1,446
to a request made under division (A)(1) of this section is not a 1,447
public record for the purposes of section 149.43 of the Revised 1,448
Code and shall not be made available to any person other than the 1,449
applicant, prospective adoptive parent, or prospective foster 1,450
parent who is the subject of the criminal records check or the 1,451
applicant's or prospective adoptive or foster parent's 1,452
representative; the entity requesting the criminal records check 1,453
or its representative; the department of job and family services 1,455
or a county department of job and family services; and any court, 1,457
hearing officer, or other necessary individual involved in a case 1,458
dealing with the denial of employment to the applicant or the 1,459
denial of consideration as an adoptive parent or foster parent. 1,460
(E) The director of job and family services shall adopt 1,464
rules pursuant to Chapter 119. of the Revised Code to implement 1,465
this section. The rules shall include rehabilitation standards a 1,467
person who has been convicted of or pleaded guilty to an offense 1,468
listed in division (B)(1) of this section must meet for an entity 1,469
to employ the person as a person responsible for a child's care 1,470
in out-of-home care or permit the person to become an adoptive 1,471
parent or foster parent.
(F) Any person required by division (A)(1) of this section 1,473
to request a criminal records check shall inform each person, at 1,474
the time of the person's initial application for employment with 1,475
an entity as a person responsible for a child's care in 1,476
out-of-home care or the person's initial application for becoming 1,477
an adoptive parent or foster parent, that the person is required 1,478
to provide a set of impressions of the person's fingerprints and 1,479
that a criminal records check is required to be conducted and 1,480
satisfactorily completed in accordance with section 109.572 of 1,481
the Revised Code if the person comes under final consideration 1,482
for appointment or employment as a precondition to employment for 1,483
35
that position or if the person is to be given final consideration 1,484
as an adoptive parent or foster parent.
(G) As used in this section: 1,486
(1) "Applicant" means a person who is under final 1,488
consideration for appointment or employment as a person 1,489
responsible for a child's care in out-of-home care. 1,490
(2) "Person responsible for a child's care in out-of-home 1,492
care" has the same meaning as in section 2151.011 of the Revised 1,493
Code, except that it does not include a prospective employee of 1,494
the department of youth services or a person responsible for a 1,495
child's care in a hospital or medical clinic other than a 1,496
children's hospital. 1,497
(3) "Children's hospital" means any of the following: 1,499
(a) A hospital registered under section 3701.07 of the 1,501
Revised Code that provides general pediatric medical and surgical 1,502
care, and in which at least seventy-five per cent of annual 1,503
inpatient discharges for the preceding two calendar years were 1,504
individuals less than eighteen years of age; 1,505
(b) A distinct portion of a hospital registered under 1,507
section 3701.07 of the Revised Code that provides general 1,508
pediatric medical and surgical care, has a total of at least one 1,509
hundred fifty registered pediatric special care and pediatric 1,510
acute care beds, and in which at least seventy-five per cent of 1,511
annual inpatient discharges for the preceding two calendar years 1,512
were individuals less than eighteen years of age; 1,513
(c) A distinct portion of a hospital, if the hospital is 1,515
registered under section 3701.07 of the Revised Code as a 1,516
children's hospital and the children's hospital meets all the 1,517
requirements of division (G)(3)(a) of this section. 1,518
(4) "Criminal records check" has the same meaning as in 1,520
section 109.572 of the Revised Code. 1,521
(5) "Minor drug possession offense" has the same meaning 1,523
as in section 2925.01 of the Revised Code. 1,524
Sec. 3301.32. (A)(1) The chief administrator of any head 1,533
36
start agency shall request the superintendent of the bureau of 1,534
criminal identification and investigation to conduct a criminal 1,535
records check with respect to any applicant who has applied to 1,536
the head start agency for employment as a person responsible for 1,537
the care, custody, or control of a child. If the applicant does 1,538
not present proof that the applicant has been a resident of this 1,539
state for the five-year period immediately prior to the date upon 1,540
which the criminal records check is requested or does not provide 1,541
evidence that within that five-year period the superintendent has 1,542
requested FINGERPRINT-BASED information about the applicant from 1,543
the federal bureau of investigation in a criminal records check, 1,545
the chief administrator shall request that the superintendent 1,546
obtain FINGERPRINT-BASED information from the federal bureau of 1,548
investigation as a part of the criminal records check for the 1,549
applicant. If the applicant presents proof that the applicant 1,550
has been a resident of this state for that five-year period, the 1,551
chief administrator may request that the superintendent include 1,552
FINGERPRINT-BASED information from the federal bureau of 1,554
investigation in the criminal records check.
(2) Any person required by division (A)(1) of this section 1,556
to request a criminal records check shall provide to each 1,557
applicant a copy of the form prescribed pursuant to division 1,558
(C)(1) of section 109.572 of the Revised Code, provide to each 1,559
applicant a standard impression sheet to obtain fingerprint 1,560
impressions prescribed AND ANY MATERIAL NEEDED TO OBTAIN 1,561
FINGERPRINT IMPRESSIONS pursuant to division (C)(2) of THAT 1,562
section 109.572 of the Revised Code, obtain the completed form 1,563
and impression sheet MATERIAL from each applicant, and forward OR 1,564
TRANSMIT the completed form and impression sheet MATERIAL to the 1,566
superintendent of the bureau of criminal identification and 1,568
investigation at the time the chief administrator requests a 1,569
criminal records check pursuant to division (A)(1) of this 1,570
section.
(3) Any applicant who receives pursuant to division (A)(2) 1,572
37
of this section a copy of the form prescribed pursuant to 1,573
division (C)(1) of section 109.572 of the Revised Code and a copy 1,574
of an impression sheet prescribed ANY MATERIAL NEEDED TO OBTAIN 1,575
FINGERPRINT IMPRESSIONS pursuant to division (C)(2) of that 1,577
section and who is requested to complete the form and provide a 1,578
set of fingerprint impressions shall complete the form or provide 1,579
all the information necessary to complete the form and shall 1,580
provide the impression sheets MATERIAL with the impressions of 1,581
the applicant's fingerprints. If an applicant, upon request, 1,583
fails to provide the information necessary to complete the form 1,584
or fails to provide impressions of the applicant's fingerprints, 1,585
the head start agency shall not employ that applicant for any 1,586
position for which a criminal records check is required by 1,588
division (A)(1) of this section.
(B)(1) Except as provided in rules adopted by the director 1,591
of job and family services in accordance with division (E) of 1,592
this section, no head start agency shall employ a person as a 1,593
person responsible for the care, custody, or control of a child 1,594
if the person previously has been convicted of or pleaded guilty 1,595
to any of the following: 1,596
(a) A violation of section 2903.01, 2903.02, 2903.03, 1,598
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 1,599
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 1,601
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 1,602
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 1,603
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 1,604
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 1,605
2925.06, or 3716.11 of the Revised Code, a violation of section 1,606
2905.04 of the Revised Code as it existed prior to July 1, 1996,
a violation of section 2919.23 of the Revised Code that would 1,607
have been a violation of section 2905.04 of the Revised Code as 1,608
it existed prior to July 1, 1996, had the violation occurred 1,609
prior to that date, a violation of section 2925.11 of the Revised 1,611
Code that is not a minor drug possession offense, or felonious 1,613
38
sexual penetration in violation of former section 2907.12 of the 1,614
Revised Code;
(b) A violation of an existing or former law of this 1,616
state, any other state, or the United States that is 1,617
substantially equivalent to any of the offenses or violations 1,618
described in division (B)(1)(a) of this section. 1,619
(2) A head start agency may employ an applicant 1,621
conditionally until the criminal records check required by this 1,622
section is completed and the agency receives the results of the 1,623
criminal records check. If the results of the criminal records 1,624
check indicate that, pursuant to division (B)(1) of this section, 1,625
the applicant does not qualify for employment, the agency shall 1,626
release the applicant from employment. 1,627
(C)(1) Each head start agency shall pay to the bureau of 1,629
criminal identification and investigation the fee prescribed 1,630
pursuant to division (C)(3) of section 109.572 of the Revised 1,631
Code for each criminal records check conducted in accordance with 1,632
that section upon the request pursuant to division (A)(1) of this 1,633
section of the chief administrator of the head start agency. 1,634
(2) A head start agency may charge an applicant a fee for 1,636
the costs it incurs in obtaining a criminal records check under 1,637
this section. A fee charged under this division shall not exceed 1,638
the amount of fees the agency pays under division (C)(1) of this 1,639
section. If a fee is charged under this division, the agency 1,640
shall notify the applicant at the time of the applicant's initial 1,641
application for employment of the amount of the fee and that, 1,643
unless the fee is paid, the head start agency will not consider 1,644
the applicant for employment. 1,645
(D) The report of any criminal records check conducted by 1,647
the bureau of criminal identification and investigation in 1,648
accordance with section 109.572 of the Revised Code and pursuant 1,649
to a request made under division (A)(1) of this section is not a 1,650
public record for the purposes of section 149.43 of the Revised 1,651
Code and shall not be made available to any person other than the 1,652
39
applicant who is the subject of the criminal records check or the 1,653
applicant's representative, the head start agency requesting the 1,655
criminal records check or its representative, and any court, 1,656
hearing officer, or other necessary individual involved in a case 1,657
dealing with the denial of employment to the applicant. 1,658
(E) The director of job and family services shall adopt 1,661
rules pursuant to Chapter 119. of the Revised Code to implement 1,662
this section, including rules specifying circumstances under 1,663
which a head start agency may hire a person who has been 1,664
convicted of an offense listed in division (B)(1) of this section 1,665
but who meets standards in regard to rehabilitation set by the 1,666
director. 1,667
(F) Any person required by division (A)(1) of this section 1,669
to request a criminal records check shall inform each person, at 1,670
the time of the person's initial application for employment, that 1,671
the person is required to provide a set of impressions of the 1,672
person's fingerprints and that a criminal records check is 1,674
required to be conducted and satisfactorily completed in 1,675
accordance with section 109.572 of the Revised Code if the person 1,676
comes under final consideration for appointment or employment as 1,677
a precondition to employment for that position. 1,678
(G) As used in this section: 1,680
(1) "Applicant" means a person who is under final 1,682
consideration for appointment or employment in a position with a 1,683
head start agency as a person responsible for the care, custody, 1,684
or control of a child. 1,685
(2) "Head start agency" has the same meaning as in section 1,687
3301.31 of the Revised Code. 1,688
(3) "Criminal records check" has the same meaning as in 1,690
section 109.572 of the Revised Code. 1,691
(4) "Minor drug possession offense" has the same meaning 1,693
as in section 2925.01 of the Revised Code. 1,694
Sec. 3301.541. (A)(1) The director, head teacher, 1,700
elementary principal, or site administrator of a preschool 1,701
40
program shall request the superintendent of the bureau of 1,703
criminal identification and investigation to conduct a criminal 1,704
records check with respect to any applicant who has applied to 1,705
the preschool program for employment as a person responsible for 1,706
the care, custody, or control of a child. If the applicant does 1,707
not present proof that the applicant has been a resident of this 1,708
state for the five-year period immediately prior to the date upon 1,709
which the criminal records check is requested or does not provide 1,710
evidence that within that five-year period the superintendent has 1,711
requested FINGERPRINT-BASED information about the applicant from 1,712
the federal bureau of investigation in a criminal records check, 1,714
the director, head teacher, or elementary principal shall request 1,715
that the superintendent obtain FINGERPRINT-BASED information from 1,716
the federal bureau of investigation as a part of the criminal 1,718
records check for the applicant. If the applicant presents proof 1,719
that the applicant has been a resident of this state for that 1,720
five-year period, the director, head teacher, or elementary 1,721
principal may request that the superintendent include
FINGERPRINT-BASED information from the federal bureau of 1,722
investigation in the criminal records check. 1,724
(2) Any director, head teacher, elementary principal, or 1,726
site administrator required by division (A)(1) of this section to 1,728
request a criminal records check shall provide to each applicant 1,729
a copy of the form prescribed pursuant to division (C)(1) of 1,730
section 109.572 of the Revised Code, provide to each applicant a 1,731
standard impression sheet AND ANY MATERIAL NEEDED to obtain 1,732
fingerprint impressions prescribed pursuant to division (C)(2) of 1,734
THAT section 109.572 of the Revised Code, obtain the completed 1,736
form and impression sheet MATERIAL from each applicant, and 1,737
forward OR TRANSMIT the completed form and impression sheet 1,738
MATERIAL to the superintendent of the bureau of criminal 1,740
identification and investigation at the time the person requests 1,741
a criminal records check pursuant to division (A)(1) of this 1,742
section.
41
(3) Any applicant who receives pursuant to division (A)(2) 1,744
of this section a copy of the form prescribed pursuant to 1,745
division (C)(1) of section 109.572 of the Revised Code and a copy 1,746
of an impression sheet prescribed ANY MATERIAL NEEDED TO OBTAIN 1,747
FINGERPRINT IMPRESSIONS pursuant to division (C)(2) of that 1,749
section and who is requested to complete the form and provide a 1,750
set of fingerprint impressions shall complete the form or provide 1,751
all the information necessary to complete the form and provide 1,752
the impression sheet MATERIAL with the impressions of the 1,753
applicant's fingerprints. If an applicant, upon request, fails 1,754
to provide the information necessary to complete the form or 1,755
fails to provide impressions of the applicant's fingerprints, the 1,756
preschool program shall not employ that applicant for any 1,757
position for which a criminal records check is required by 1,758
division (A)(1) of this section.
(B)(1) Except as provided in rules adopted by the 1,760
department of education in accordance with division (E) of this 1,761
section, no preschool program shall employ a person as a person 1,762
responsible for the care, custody, or control of a child if the 1,763
person previously has been convicted of or pleaded guilty to any 1,764
of the following: 1,765
(a) A violation of section 2903.01, 2903.02, 2903.03, 1,767
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 1,768
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 1,770
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 1,771
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 1,772
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 1,773
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 1,774
2925.06, or 3716.11 of the Revised Code, a violation of section 1,775
2905.04 of the Revised Code as it existed prior to July 1, 1996,
a violation of section 2919.23 of the Revised Code that would 1,776
have been a violation of section 2905.04 of the Revised Code as 1,777
it existed prior to July 1, 1996, had the violation occurred 1,778
prior to that date, a violation of section 2925.11 of the Revised 1,779
42
Code that is not a minor drug possession offense, or felonious 1,780
sexual penetration in violation of former section 2907.12 of the 1,781
Revised Code;
(b) A violation of an existing or former law of this 1,783
state, any other state, or the United States that is 1,784
substantially equivalent to any of the offenses or violations 1,785
described in division (B)(1)(a) of this section. 1,786
(2) A preschool program may employ an applicant 1,788
conditionally until the criminal records check required by this 1,789
section is completed and the preschool program receives the 1,790
results of the criminal records check. If the results of the 1,791
criminal records check indicate that, pursuant to division (B)(1) 1,792
of this section, the applicant does not qualify for employment, 1,793
the preschool program shall release the applicant from 1,794
employment. 1,795
(C)(1) Each preschool program shall pay to the bureau of 1,797
criminal identification and investigation the fee prescribed 1,798
pursuant to division (C)(3) of section 109.572 of the Revised 1,799
Code for each criminal records check conducted in accordance with 1,800
that section upon the request pursuant to division (A)(1) of this 1,801
section of the director, head teacher, elementary principal, or 1,803
site administrator of the preschool program. 1,804
(2) A preschool program may charge an applicant a fee for 1,806
the costs it incurs in obtaining a criminal records check under 1,807
this section. A fee charged under this division shall not exceed 1,808
the amount of fees the preschool program pays under division 1,809
(C)(1) of this section. If a fee is charged under this division, 1,810
the preschool program shall notify the applicant at the time of 1,811
the applicant's initial application for employment of the amount 1,812
of the fee and that, unless the fee is paid, the applicant will 1,813
not be considered for employment. 1,814
(D) The report of any criminal records check conducted by 1,816
the bureau of criminal identification and investigation in 1,817
accordance with section 109.572 of the Revised Code and pursuant 1,818
43
to a request under division (A)(1) of this section is not a 1,819
public record for the purposes of section 149.43 of the Revised 1,820
Code and shall not be made available to any person other than the 1,821
applicant who is the subject of the criminal records check or the 1,823
applicant's representative, the preschool program requesting the
criminal records check or its representative, and any court, 1,824
hearing officer, or other necessary individual in a case dealing 1,825
with the denial of employment to the applicant. 1,826
(E) The department of education shall adopt rules pursuant 1,828
to Chapter 119. of the Revised Code to implement this section, 1,829
including rules specifying circumstances under which a preschool 1,830
program may hire a person who has been convicted of an offense 1,831
listed in division (B)(1) of this section but who meets standards 1,832
in regard to rehabilitation set by the department. 1,833
(F) Any person required by division (A)(1) of this section 1,835
to request a criminal records check shall inform each person, at 1,836
the time of the person's initial application for employment, that 1,837
the person is required to provide a set of impressions of the 1,838
person's fingerprints and that a criminal records check is 1,839
required to be conducted and satisfactorily completed in 1,840
accordance with section 109.572 of the Revised Code if the person 1,841
comes under final consideration for appointment or employment as 1,842
a precondition to employment for that position. 1,843
(G) As used in this section: 1,845
(1) "Applicant" means a person who is under final 1,847
consideration for appointment or employment in a position with a 1,848
preschool program as a person responsible for the care, custody, 1,849
or control of a child, except that "applicant" does not include a 1,850
person already employed by a board of education or chartered 1,851
nonpublic school in a position of care, custody, or control of a 1,852
child who is under consideration for a different position with 1,853
such board or school.
(2) "Criminal records check" has the same meaning as in 1,855
section 109.572 of the Revised Code. 1,856
44
(3) "Minor drug possession offense" has the same meaning 1,858
as in section 2925.01 of the Revised Code. 1,859
(H) If the board of education of a local school district 1,861
adopts a resolution requesting the assistance of the educational 1,862
service center in which the local district has territory in 1,863
conducting criminal records checks of substitute teachers under 1,864
this section, the appointing or hiring officer of such
educational service center governing board shall serve for 1,865
purposes of this section as the appointing or hiring officer of 1,866
the local board in the case of hiring substitute teachers for 1,867
employment in the local district.
Sec. 3301.88. (A) A recipient of a grant under section 1,876
3301.86 or 3301.87 of the Revised Code or an entity approved by 1,878
the OhioReads council may request from the bureau of criminal 1,879
identification and investigation a criminal records check on any 1,880
individual, other than an individual described in division (B) of 1,881
this section, who applies to participate in providing directly to 1,882
children any program or service through an entity approved by the 1,884
OhioReads council or funded in whole or in part by the grant. If 1,885
a recipient or an entity approved by the OhioReads council elects 1,887
to request a criminal records check, the request shall consist of
a request for the information a school district board of 1,889
education may request under division (F)(2)(a) of section 109.57 1,890
of the Revised Code and shall be accompanied by one of the 1,891
following identification options:
(1) The form and standard impression sheet ANY MATERIAL 1,893
NEEDED TO OBTAIN FINGERPRINT IMPRESSIONS THAT ARE prescribed by 1,894
the bureau under division DIVISIONS (C)(1) AND (2) of section 1,897
109.572 of the Revised Code;
(2) A form prescribed by the bureau on which is specified 1,899
the individual's name, social security number, and date of birth. 1,900
(B) A grant recipient or an entity approved by the 1,903
OhioReads council shall not request a criminal records check 1,904
under division (A) of this section with respect to any individual 1,905
45
who furnishes the grant recipient or an entity approved by the 1,906
OhioReads council with a certified copy of a report of a criminal 1,907
records check completed by the bureau within one year prior to 1,908
applying to participate in providing programs or services through 1,910
an entity approved by the OhioReads council or under an OhioReads 1,911
grant.
(C) Except as provided in rules adopted under division 1,913
(G)(2) of this section, a grant recipient or an entity approved 1,915
by the OhioReads council shall not allow an individual to 1,916
participate in providing directly to children any program or 1,917
service through an entity approved by the OhioReads council or 1,919
funded in whole or in part by the grant if the information 1,920
requested under this section from the bureau indicates that the 1,921
individual has ever pleaded guilty to or been found guilty by a 1,922
jury or court of any of the following:
(1) A felony; 1,924
(2) A violation of section 2903.16, 2903.34, 2905.05, 1,927
2907.04, 2907.06, 2907.07, 2907.08, 2907.09, 2907.23, 2907.25, 1,928
2907.31, 2919.12, 2919.22, 2919.24, 2925.04, or 3716.11 of the 1,929
Revised Code; a violation of section 2905.04 of the Revised Code 1,930
as it existed prior to July 1, 1996; or a violation of section 1,931
2919.23 of the Revised Code that would have been a violation of 1,932
section 2905.04 of the Revised Code as it existed prior to July 1,934
1, 1996, had it been committed prior to that date;
(3) An offense of violence; 1,936
(4) A theft offense, as defined in section 2913.01 of the 1,938
Revised Code; 1,939
(5) A drug abuse offense, as defined in section 2925.01 of 1,941
the Revised Code; 1,942
(6) A violation of an existing or former ordinance of a 1,944
municipal corporation or law of the United States or another 1,945
state that is substantively comparable to an offense listed in 1,947
divisions (C)(1) to (5) of this section.
(D) A grant recipient or an entity approved by the 1,949
46
OhioReads council that elects to request criminal records checks 1,951
may conditionally allow an individual to participate in providing
programs or services directly to children until the criminal 1,952
records check is completed and the grant recipient or an entity 1,954
approved by the OhioReads council receives the results. If the 1,955
results of the criminal records check indicate that the 1,956
individual has been convicted of or pleaded guilty to an offense 1,957
listed in division (C) of this section, the grant recipient or an 1,960
entity approved by the OhioReads council shall not allow the 1,961
individual to further participate in providing directly to 1,962
children any program or service through an entity approved by the 1,963
OhioReads council or funded in whole or in part by the grant, 1,965
except as provided in the rules adopted under division (G)(2) of 1,966
this section.
(E) The report of any criminal records check conducted in 1,968
accordance with division (F)(5) of section 109.57 of the Revised 1,970
Code pursuant to a request under this section is not a public 1,971
record for purposes of section 149.43 of the Revised Code. The 1,972
report shall not be made available to any person other than the 1,973
individual who is the subject of the criminal records check or 1,974
the individual's representative, the grant recipient or the grant 1,975
recipient's representative or an entity approved by the OhioReads 1,976
council, and any court, hearing officer, or other necessary 1,977
individual in a case dealing with the denial of the individual's 1,978
participation in a program or service through an entity approved 1,980
by the OhioReads council or funded by an OhioReads grant. 1,981
(F) The OhioReads office shall reimburse each grant 1,983
recipient or an entity approved by the OhioReads council for each 1,984
criminal records check the actual amount paid by the grant 1,985
recipient or an entity approved by the OhioReads council for the 1,987
portion of the criminal records check conducted by the bureau of 1,988
criminal identification and investigation. Reimbursement shall 1,989
be paid under this division only for criminal records checks on 1,990
individuals who apply to participate in providing directly to
47
children any program or service through an entity approved by the 1,992
OhioReads council or funded in whole or in part by the grant. To 1,993
receive it, the grant recipient or an entity approved by the 1,995
OhioReads council must submit information to the office in the 1,996
form and manner required by the office. The reimbursement is in 1,997
addition to the grant awarded to the recipient under section 1,998
3301.86 or 3301.87 of the Revised Code. 1,999
(G) The department of education shall adopt rules in 2,001
accordance with Chapter 119. of the Revised Code: 2,002
(1) Prescribing the form and manner in which grant 2,004
recipients or an entity approved by the OhioReads council must 2,006
submit information to the OhioReads office to receive
reimbursement under division (F) of this section; 2,007
(2) Specifying circumstances under which a grant recipient 2,009
or an entity approved by the OhioReads council may allow an 2,010
individual whose criminal records check report indicates that the 2,011
individual has been convicted of or pleaded guilty to an offense 2,012
listed in division (C) of this section, but who meets standards 2,013
in regard to rehabilitation set forth in the rules, to 2,014
participate in providing directly to children any program or 2,015
service through an entity approved by the OhioReads council or 2,017
funded in whole or in part by the grant. 2,018
Sec. 3319.39. (A)(1) Except as provided in division 2,031
(F)(2)(b) of section 109.57 of the Revised Code and division (I) 2,032
of this section, the appointing or hiring officer of the board of 2,034
education of a school district, the governing board of an
educational service center, or of a chartered nonpublic school 2,036
shall request the superintendent of the bureau of criminal 2,037
identification and investigation to conduct a criminal records 2,038
check with respect to any applicant who has applied to the school 2,039
district, educational service center, or school for employment in 2,040
any position as a person responsible for the care, custody, or 2,041
control of a child. If the applicant does not present proof that 2,042
the applicant has been a resident of this state for the five-year 2,043
48
period immediately prior to the date upon which the criminal 2,044
records check is requested or does not provide evidence that 2,045
within that five-year period the superintendent has requested 2,046
FINGERPRINT-BASED information about the applicant from the 2,047
federal bureau of investigation in a criminal records check, the 2,049
appointing or hiring officer shall request that the 2,050
superintendent obtain FINGERPRINT-BASED information from the 2,051
federal bureau of investigation as a part of the criminal records 2,052
check for the applicant. If the applicant presents proof that 2,053
the applicant has been a resident of this state for that 2,054
five-year period, the appointing or hiring officer may request 2,055
that the superintendent include FINGERPRINT-BASED information 2,056
from the federal bureau of investigation in the criminal records 2,058
check.
(2) A person required by division (A)(1) of this section 2,060
to request a criminal records check shall provide to each 2,061
applicant a copy of the form prescribed pursuant to division 2,063
(C)(2)(1) of section 109.572 of the Revised Code, provide to each 2,064
applicant a standard impression sheet AND ANY MATERIAL NEEDED to 2,065
obtain fingerprint impressions prescribed pursuant to division 2,067
(C)(2) of THAT section 109.572 of the Revised Code, obtain the 2,069
completed form and impression sheet MATERIAL from each applicant, 2,070
and forward OR TRANSMIT the completed form and impression sheet 2,072
MATERIAL to the superintendent of the bureau of criminal 2,074
identification and investigation at the time the person requests 2,075
a criminal records check pursuant to division (A)(1) of this 2,076
section.
(3) An applicant who receives pursuant to division (A)(2) 2,078
of this section a copy of the form prescribed pursuant to 2,079
division (C)(1) of section 109.572 of the Revised Code and a copy 2,080
of an impression sheet prescribed ANY MATERIAL NEEDED TO OBTAIN 2,081
FINGERPRINT IMPRESSIONS pursuant to division (C)(2) of that 2,083
section and who is requested to complete the form and provide a 2,084
set of fingerprint impressions shall complete the form or provide 2,085
49
all the information necessary to complete the form and shall 2,086
provide the impression sheet MATERIAL with the impressions of the 2,088
applicant's fingerprints. If an applicant, upon request, fails 2,089
to provide the information necessary to complete the form or 2,090
fails to provide impressions of the applicant's fingerprints, the 2,091
board of education of a school district, governing board of an 2,092
educational service center, or governing authority of a chartered 2,093
nonpublic school shall not employ that applicant for any position 2,094
for which a criminal records check is required pursuant to 2,095
division (A)(1) of this section.
(B)(1) Except as provided in rules adopted by the 2,097
department of education in accordance with division (E) of this 2,098
section and as provided in division (B)(3) of this section, no 2,099
board of education of a school district, no governing board of an 2,100
educational service center, and no governing authority of a 2,102
chartered nonpublic school shall employ a person as a person 2,103
responsible for the care, custody, or control of a child if the 2,104
person previously has been convicted of or pleaded guilty to any 2,105
of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 2,107
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2,108
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2,110
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2,111
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2,112
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2,113
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2,114
2925.06, or 3716.11 of the Revised Code, a violation of section 2,115
2905.04 of the Revised Code as it existed prior to July 1, 1996,
a violation of section 2919.23 of the Revised Code that would 2,116
have been a violation of section 2905.04 of the Revised Code as 2,117
it existed prior to July 1, 1996, had the violation been 2,118
committed prior to that date,, a violation of section 2925.11 of 2,119
the Revised Code that is not a minor drug possession offense, or 2,121
felonious sexual penetration in violation of former section
50
2907.12 of the Revised Code; 2,122
(b) A violation of an existing or former law of this 2,124
state, another state, or the United States that is substantially 2,125
equivalent to any of the offenses or violations described in 2,126
division (B)(1)(a) of this section. 2,127
(2) A board, governing board of an educational service 2,130
center, or a governing authority of a chartered nonpublic school 2,131
may employ an applicant conditionally until the criminal records 2,132
check required by this section is completed and the board or 2,133
governing authority receives the results of the criminal records 2,134
check. If the results of the criminal records check indicate 2,135
that, pursuant to division (B)(1) of this section, the applicant 2,136
does not qualify for employment, the board or governing authority 2,137
shall release the applicant from employment. 2,138
(3) No board and no governing authority of a chartered 2,140
nonpublic school shall employ a teacher who previously has been 2,141
convicted of or pleaded guilty to any of the offenses listed in 2,142
section 3319.31 of the Revised Code. 2,143
(C)(1) Each board and each governing authority of a 2,146
chartered nonpublic school shall pay to the bureau of criminal 2,147
identification and investigation the fee prescribed pursuant to 2,148
division (C)(3) of section 109.572 of the Revised Code for each 2,149
criminal records check conducted in accordance with that section 2,150
upon the request pursuant to division (A)(1) of this section of 2,151
the appointing or hiring officer of the board or governing 2,152
authority.
(2) A board and the governing authority of a chartered 2,155
nonpublic school may charge an applicant a fee for the costs it 2,156
incurs in obtaining a criminal records check under this section. 2,157
A fee charged under this division shall not exceed the amount of 2,158
fees the board or governing authority pays under division (C)(1) 2,159
of this section. If a fee is charged under this division, the 2,160
board or governing authority shall notify the applicant at the 2,161
time of the applicant's initial application for employment of the 2,162
51
amount of the fee and that, unless the fee is paid, the board or
governing authority will not consider the applicant for 2,164
employment.
(D) The report of any criminal records check conducted by 2,166
the bureau of criminal identification and investigation in 2,167
accordance with section 109.572 of the Revised Code and pursuant 2,168
to a request under division (A)(1) of this section is not a 2,169
public record for the purposes of section 149.43 of the Revised 2,170
Code and shall not be made available to any person other than the 2,171
applicant who is the subject of the criminal records check or the 2,172
applicant's representative, the board or governing authority 2,173
requesting the criminal records check or its representative, and 2,174
any court, hearing officer, or other necessary individual 2,175
involved in a case dealing with the denial of employment to the 2,176
applicant.
(E) The department of education shall adopt rules pursuant 2,178
to Chapter 119. of the Revised Code to implement this section, 2,179
including rules specifying circumstances under which the board or 2,180
governing authority may hire a person who has been convicted of 2,181
an offense listed in division (B)(1) of this section but who 2,182
meets standards in regard to rehabilitation set by the 2,183
department. 2,184
(F) Any person required by division (A)(1) of this section 2,186
to request a criminal records check shall inform each person, at 2,187
the time of the person's initial application for employment, of 2,189
the requirement to provide a set of fingerprint impressions and
that a criminal records check is required to be conducted and 2,191
satisfactorily completed in accordance with section 109.572 of
the Revised Code if the person comes under final consideration 2,192
for appointment or employment as a precondition to employment for 2,193
the school district, educational service center, or school for 2,194
that position. 2,195
(G) As used in this section: 2,197
(1) "Applicant" means a person who is under final 2,199
52
consideration for appointment or employment in a position with a 2,200
board of education, governing board of an educational service 2,201
center, or a chartered nonpublic school as a person responsible 2,203
for the care, custody, or control of a child, except that
"applicant" does not include a person already employed by a board 2,204
or chartered nonpublic school in a position of care, custody, or 2,205
control of a child who is under consideration for a different 2,206
position with such board or school.
(2) "Teacher" means a person holding an educator license, 2,208
internship certificate, or permit issued under section 3319.22, 2,209
3319.28, or 3319.301 of the Revised Code and teachers in a 2,210
chartered nonpublic school.
(3) "Criminal records check" has the same meaning as in 2,212
section 109.572 of the Revised Code. 2,213
(4) "Minor drug possession offense" has the same meaning 2,215
as in section 2925.01 of the Revised Code. 2,216
(H) If the board of education of a local school district 2,218
adopts a resolution requesting the assistance of the educational 2,219
service center in which the local district has territory in 2,220
conducting criminal records checks of substitute teachers under 2,221
this section, the appointing or hiring officer of such
educational service center shall serve for purposes of this 2,222
section as the appointing or hiring officer of the local board in 2,224
the case of hiring substitute teachers for employment in the 2,225
local district.
(I) The requirements of this section shall not apply to a 2,227
person holding a certificate of the type described in section 2,228
3319.281 of the Revised Code who applies to a school district or 2,229
school for employment in an adult instruction position under 2,230
which that person is not responsible for the care, custody, or
control of a child. 2,231
Sec. 3701.881. (A) As used in this section: 2,240
(1) "Applicant" means both of the following: 2,242
(a) A person who is under final consideration for 2,244
53
appointment or employment with a home health agency in a position 2,245
as a person responsible for the care, custody, or control of a 2,246
child;
(b) A person who is under final consideration for 2,249
employment with a home health agency in a full-time, part-time, 2,250
or temporary position that involves providing direct care to an 2,251
older adult. With regard to persons providing direct care to
older adults, "applicant" does not include a person who provides 2,252
direct care as a volunteer without receiving or expecting to 2,253
receive any form of remuneration other than reimbursement for 2,255
actual expenses.
(2) "Criminal records check" and "older adult" have the 2,257
same meanings as in section 109.572 of the Revised Code. 2,258
(3) "Home health agency" has the same meaning as in 2,260
section 3701.88 of the Revised Code. 2,261
(4) "Minor drug possession offense" has the same meaning 2,263
as in section 2925.01 of the Revised Code. 2,264
(B)(1) Except as provided in division (I) of this section, 2,267
the chief administrator of a home health agency shall request the 2,268
superintendent of the bureau of criminal identification and 2,269
investigation to conduct a criminal records check with respect to 2,270
each applicant. If the position may involve both responsibility 2,272
for the care, custody, or control of a child and provision of 2,273
direct care to an older adult, the chief administrator shall 2,274
request that the superintendent conduct a single criminal records 2,275
check for the applicant. If an applicant for whom a criminal 2,276
records check request is required under this division does not 2,278
present proof of having been a resident of this state for the 2,280
five-year period immediately prior to the date upon which the 2,281
criminal records check is requested or does not provide evidence 2,282
that within that five-year period the superintendent has
requested FINGERPRINT-BASED information about the applicant from 2,283
the federal bureau of investigation in a criminal records check, 2,285
the chief administrator shall request that the superintendent 2,286
54
obtain FINGERPRINT-BASED information from the federal bureau of 2,288
investigation as a part of the criminal records check for the 2,289
applicant. Even if an applicant for whom a criminal records 2,291
check request is required under this division presents proof that 2,292
the applicant has been a resident of this state for that 2,293
five-year period, the chief administrator may request that the 2,294
superintendent include FINGERPRINT-BASED information from the 2,295
federal bureau of investigation in the criminal records check. 2,296
(2) Any person required by division (B)(1) of this section 2,298
to request a criminal records check shall provide to each 2,299
applicant for whom a criminal records check request is required 2,300
under that division a copy of the form prescribed pursuant to 2,301
division (C)(1) of section 109.572 of the Revised Code and a 2,302
standard impression sheet prescribed ANY MATERIAL NEEDED TO 2,303
OBTAIN FINGERPRINT IMPRESSIONS pursuant to division (C)(2) of 2,304
THAT section 109.572 of the Revised Code, obtain the completed 2,305
form and impression sheet MATERIAL from each applicant, and 2,306
forward OR TRANSMIT the completed form and impression sheet 2,309
MATERIAL to the superintendent of the bureau of criminal 2,311
identification and investigation at the time the chief
administrator requests a criminal records check pursuant to 2,312
division (B)(1) of this section. 2,313
(3) An applicant who receives pursuant to division (B)(2) 2,315
of this section a copy of the form prescribed pursuant to 2,316
division (C)(1) of section 109.572 of the Revised Code and a copy 2,317
of an impression sheet prescribed ANY MATERIAL NEEDED TO OBTAIN 2,318
FINGERPRINT IMPRESSIONS pursuant to division (C)(2) of that 2,320
section and who is requested to complete the form and provide a 2,321
set of fingerprint impressions shall complete the form or provide 2,322
all the information necessary to complete the form and shall 2,323
provide the impression sheets MATERIAL with the impressions of 2,324
the applicant's fingerprints. If an applicant, upon request, 2,326
fails to provide the information necessary to complete the form 2,327
or fails to provide fingerprint impressions, the home health 2,328
55
agency shall not employ that applicant for any position for which 2,331
a criminal records check is required by division (B)(1) of this 2,332
section.
(C)(1) Except as provided in rules adopted by the 2,334
department of health in accordance with division (F) of this 2,336
section and subject to division (C)(3) of this section, no home 2,338
health agency shall employ a person as a person responsible for 2,339
the care, custody, or control of a child if the person previously 2,340
has been convicted of or pleaded guilty to any of the following: 2,341
(a) A violation of section 2903.01, 2903.02, 2903.03, 2,343
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2,344
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2,346
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2,347
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2,348
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2,349
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2,350
2925.06, or 3716.11 of the Revised Code, a violation of section 2,351
2905.04 of the Revised Code as it existed prior to July 1, 1996, 2,352
a violation of section 2919.23 of the Revised Code that would 2,353
have been a violation of section 2905.04 of the Revised Code as 2,354
it existed prior to July 1, 1996, had the violation been
committed prior to that date, a violation of section 2925.11 of 2,355
the Revised Code that is not a minor drug possession offense, or 2,356
felonious sexual penetration in violation of former section 2,357
2907.12 of the Revised Code;
(b) A violation of an existing or former law of this 2,359
state, any other state, or the United States that is 2,360
substantially equivalent to any of the offenses listed in 2,361
division (C)(1)(a) of this section. 2,362
(2) Except as provided in rules adopted by the department 2,364
of health in accordance with division (F) of this section and 2,366
subject to division (C)(3) of this section, no home health agency 2,367
shall employ a person in a position that involves providing 2,368
direct care to an older adult if the person previously has been 2,369
56
convicted of or pleaded guilty to any of the following: 2,370
(a) A violation of section 2903.01, 2903.02, 2903.03, 2,373
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2,374
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2,375
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2,377
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2,378
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 2,379
2925.22, 2925.23, or 3716.11 of the Revised Code. 2,380
(b) A violation of an existing or former law of this 2,382
state, any other state, or the United States that is 2,384
substantially equivalent to any of the offenses listed in 2,385
division (C)(2)(a) of this section. 2,386
(3)(a) A home health agency may employ conditionally an 2,388
applicant for whom a criminal records check request is required 2,389
under division (B) of this section as a person responsible for 2,390
the care, custody, or control of a child until the criminal 2,393
records check regarding the applicant required by this section is 2,395
completed and the agency receives the results of the criminal 2,396
records check. If the results of the criminal records check 2,397
indicate that, pursuant to division (C)(1) of this section, the 2,398
applicant does not qualify for employment, the agency shall
release the applicant from employment unless the agency chooses 2,399
to employ the applicant pursuant to division (F) of this section. 2,400
(b)(i) A home health agency may employ conditionally an 2,402
applicant for whom a criminal records check request is required 2,404
under division (B) of this section in a position that involves 2,405
providing direct care to an older adult or in a position that 2,406
involves both responsibility for the care, custody, and control
of a child and the provision of direct care to older adults prior 2,407
to obtaining the results of a criminal records check regarding 2,409
the individual, provided that the agency shall request a criminal 2,411
records check regarding the individual in accordance with 2,412
57
division (B)(1) of this section not later than five business days 2,414
after the individual begins conditional employment. In the 2,416
circumstances described in division (I)(2) of this section, a 2,417
home health agency may employ conditionally in a position that 2,418
involves providing direct care to an older adult an applicant who 2,420
has been referred to the home health agency by an employment
service that supplies full-time, part-time, or temporary staff 2,421
for positions involving the direct care of older adults and for 2,422
whom, pursuant to that division, a criminal records check is not 2,423
required under division (B) of this section. In the 2,425
circumstances described in division (I)(4) of this section, a 2,426
home health agency may employ conditionally in a position that 2,427
involves both responsibility for the care, custody, and control 2,428
of a child and the provision of direct care to older adults an 2,429
applicant who has been referred to the home health agency by an 2,430
employment service that supplies full-time, part-time, or 2,431
temporary staff for positions involving both responsibility for 2,432
the care, custody, and control of a child and the provision of 2,433
direct care to older adults and for whom, pursuant to that 2,434
division, a criminal records check is not required under division 2,436
(B) of this section. 2,437
(ii) A home health agency that employs an individual 2,440
conditionally under authority of division (C)(3)(b)(i) of this 2,442
section shall terminate the individual's employment if the 2,444
results of the criminal records check requested under division 2,445
(B)(1) of this section or described in division (I)(2) or (4) of 2,446
this section, other than the results of any request for 2,447
FINGERPRINT-BASED information from the federal bureau of 2,448
investigation, are not obtained within the period ending sixty 2,449
days after the date the request is made. Regardless of when the 2,450
results of the criminal records check are obtained, if the 2,453
individual was employed conditionally in a position that involves 2,454
the provision of direct care to older adults and the results 2,455
indicate that the individual has been convicted of or pleaded 2,456
58
guilty to any of the offenses listed or described in division 2,457
(C)(2) of this section, or if the individual was employed 2,458
conditionally in a position that involves both responsibility for 2,459
the care, custody, and control of a child and the provision of 2,460
direct care to older adults and the results indicate that the 2,462
individual has been convicted of or pleaded guilty to any of the 2,464
offenses listed or described in division (C)(1) or (2) of this 2,465
section, the agency shall terminate the individual's employment 2,469
unless the agency chooses to employ the individual pursuant to 2,471
division (F) of this section. Termination of employment under 2,472
this division shall be considered just cause for discharge for 2,473
purposes of division (D)(2) of section 4141.29 of the Revised 2,474
Code if the individual makes any attempt to deceive the agency 2,475
about the individual's criminal record. 2,476
(D)(1) Each home health agency shall pay to the bureau of 2,478
criminal identification and investigation the fee prescribed 2,479
pursuant to division (C)(3) of section 109.572 of the Revised 2,480
Code for each criminal records check conducted in accordance with 2,481
that section upon the request pursuant to division (B)(1) of this 2,483
section of the chief administrator of the home health agency.
(2) A home health agency may charge an applicant a fee for 2,485
the costs it incurs in obtaining a criminal records check under 2,486
this section, unless the medical assistance program established 2,487
under Chapter 5111. of the Revised Code reimburses the agency for 2,488
the costs. A fee charged under division (D)(2) of this section 2,490
shall not exceed the amount of fees the agency pays under
division (D)(1) of this section. If a fee is charged under 2,491
division (D)(2) of this section, the agency shall notify the 2,493
applicant at the time of the applicant's initial application for 2,494
employment of the amount of the fee and that, unless the fee is 2,495
paid, the agency will not consider the applicant for employment.
(E) The report of any criminal records check conducted by 2,497
the bureau of criminal identification and investigation in 2,498
accordance with section 109.572 of the Revised Code and pursuant 2,499
59
to a request made under division (B)(1) of this section is not a 2,501
public record for the purposes of section 149.43 of the Revised
Code and shall not be made available to any person other than the 2,502
following: 2,503
(1) The individual who is the subject of the criminal 2,505
records check or the individual's representative; 2,506
(2) The home health agency requesting the criminal records 2,509
check or its representative;
(3) The administrator of any other facility, agency, or 2,511
program that provides direct care to older adults that is owned 2,512
or operated by the same entity that owns or operates the home 2,513
health agency;
(4) Any court, hearing officer, or other necessary 2,515
individual involved in a case dealing with a denial of employment 2,516
of the applicant or dealing with employment or unemployment 2,517
benefits of the applicant; 2,518
(5) Any person to whom the report is provided pursuant to, 2,521
and in accordance with, division (I)(1), (2), (3), or (4) of this 2,523
section.
(F) The department of health shall adopt rules in 2,525
accordance with Chapter 119. of the Revised Code to implement 2,526
this section. The rules shall specify circumstances under which 2,528
the home health agency may employ a person who has been convicted 2,529
of or pleaded guilty to an offense listed or described in 2,530
division (C)(1) of this section but who meets standards in regard 2,532
to rehabilitation set by the department or employ a person who 2,533
has been convicted of or pleaded guilty to an offense listed or 2,535
described in division (C)(2) of this section but meets personal 2,536
character standards set by the department.
(G) Any person required by division (B)(1) of this section 2,538
to request a criminal records check shall inform each person, at 2,539
the time of initial application for employment that the person is 2,541
required to provide a set of fingerprint impressions and that a 2,542
criminal records check is required to be conducted and
60
satisfactorily completed in accordance with section 109.572 of 2,543
the Revised Code if the person comes under final consideration 2,544
for appointment or employment as a precondition to employment for 2,545
that position. 2,546
(H) In a tort or other civil action for damages that is 2,548
brought as the result of an injury, death, or loss to person or 2,549
property caused by an individual who a home health agency employs 2,551
in a position that involves providing direct care to older 2,552
adults, all of the following shall apply: 2,553
(1) If the agency employed the individual in good faith 2,555
and reasonable reliance on the report of a criminal records check 2,557
requested under this section, the agency shall not be found 2,558
negligent solely because of its reliance on the report, even if 2,559
the information in the report is determined later to have been 2,560
incomplete or inaccurate;
(2) If the agency employed the individual in good faith on 2,563
a conditional basis pursuant to division (C)(3)(b) of this 2,564
section, the agency shall not be found negligent solely because 2,565
it employed the individual prior to receiving the report of a 2,566
criminal records check requested under this section; 2,567
(3) If the agency in good faith employed the individual 2,569
according to the personal character standards established in 2,571
rules adopted under division (F) of this section, the agency 2,573
shall not be found negligent solely because the individual prior 2,574
to being employed had been convicted of or pleaded guilty to an 2,575
offense listed or described in division (C)(1) or (2) of this 2,576
section.
(I)(1) The chief administrator of a home health agency is 2,578
not required to request that the superintendent of the bureau of 2,580
criminal identification and investigation conduct a criminal 2,581
records check of an applicant for a position that involves the 2,582
provision of direct care to older adults if the applicant has 2,583
been referred to the agency by an employment service that 2,586
supplies full-time, part-time, or temporary staff for positions 2,587
61
involving the direct care of older adults and both of the 2,588
following apply:
(a) The chief administrator receives from the employment 2,590
service or the applicant a report of the results of a criminal 2,591
records check regarding the applicant that has been conducted by 2,592
the superintendent within the one-year period immediately 2,593
preceding the applicant's referral; 2,594
(b) The report of the criminal records check demonstrates 2,596
that the person has not been convicted of or pleaded guilty to an 2,598
offense listed or described in division (C)(2) of this section,
or the report demonstrates that the person has been convicted of 2,600
or pleaded guilty to one or more of those offenses, but the home 2,601
health agency chooses to employ the individual pursuant to 2,602
division (F) of this section. 2,603
(2) The chief administrator of a home health agency is not 2,606
required to request that the superintendent of the bureau of 2,607
criminal identification and investigation conduct a criminal 2,608
records check of an applicant for a position that involves 2,609
providing direct care to older adults and may employ the 2,610
applicant conditionally in a position of that nature as described 2,611
in this division, if the applicant has been referred to the 2,612
agency by an employment service that supplies full-time,
part-time, or temporary staff for positions involving the direct 2,613
care of older adults and if the chief administrator receives from 2,615
the employment service or the applicant a letter from the 2,616
employment service that is on the letterhead of the employment 2,617
service, dated, and signed by a supervisor or another designated 2,618
official of the employment service and that states that the 2,620
employment service has requested the superintendent to conduct a 2,621
criminal records check regarding the applicant, that the 2,622
requested criminal records check will include a determination of 2,623
whether the applicant has been convicted of or pleaded guilty to 2,624
any offense listed or described in division (C)(2) of this 2,626
section, that, as of the date set forth on the letter, the 2,627
62
employment service had not received the results of the criminal 2,629
records check, and that, when the employment service receives the 2,630
results of the criminal records check, it promptly will send a 2,631
copy of the results to the home health agency. If a home health 2,633
agency employs an applicant conditionally in accordance with this 2,634
division, the employment service, upon its receipt of the results 2,636
of the criminal records check, promptly shall send a copy of the 2,637
results to the home health agency, and division (C)(3)(b) of this 2,642
section applies regarding the conditional employment. 2,643
(3) The chief administrator of a home health agency is not 2,646
required to request that the superintendent of the bureau of
criminal identification and investigation conduct a criminal 2,647
records check of an applicant for a position that involves both 2,648
responsibility for the care, custody, and control of a child and 2,649
the provision of direct care to older adults if the applicant has 2,651
been referred to the agency by an employment service that
supplies full-time, part-time, or temporary staff for positions 2,652
involving both responsibility for the care, custody, and control 2,653
of a child and the provision of direct care to older adults and 2,654
both of the following apply: 2,655
(a) The chief administrator receives from the employment 2,658
service or applicant a report of a criminal records check of the 2,659
type described in division (I)(1)(a) of this section; 2,661
(b) The report of the criminal records check demonstrates 2,664
that the person has not been convicted of or pleaded guilty to an 2,665
offense listed or described in division (C)(1) or (2) of this 2,667
section, or the report demonstrates that the person has been 2,668
convicted of or pleaded guilty to one or more of those offenses, 2,669
but the home health agency chooses to employ the individual 2,670
pursuant to division (F) of this section. 2,671
(4) The chief administrator of a home health agency is not 2,674
required to request that the superintendent of the bureau of
criminal identification and investigation conduct a criminal 2,675
records check of an applicant for a position that involves both 2,676
63
responsibility for the care, custody, and control of a child and 2,677
the provision of direct care to older adults and may employ the 2,678
applicant conditionally in a position of that nature as described 2,679
in this division, if the applicant has been referred to the 2,680
agency by an employment service that supplies full-time, 2,681
part-time, or temporary staff for positions involving both 2,682
responsibility for the care, custody, and control of a child and 2,683
the direct care of older adults and if the chief administrator 2,684
receives from the employment service or the applicant a letter 2,685
from the employment service that is on the letterhead of the 2,687
employment service, dated, and signed by a supervisor or another 2,688
designated official of the employment service and that states 2,690
that the employment service has requested the superintendent to 2,691
conduct a criminal records check regarding the applicant, that 2,692
the requested criminal records check will include a determination 2,693
of whether the applicant has been convicted of or pleaded guilty 2,694
to any offense listed or described in division (C)(1) or (2) of 2,696
this section, that, as of the date set forth on the letter, the 2,697
employment service had not received the results of the criminal 2,698
records check, and that, when the employment service receives the 2,699
results of the criminal records check, it promptly will send a 2,700
copy of the results to the home health agency. If a home health 2,703
agency employs an applicant conditionally in accordance with this 2,704
division, the employment service, upon its receipt of the results 2,705
of the criminal records check, promptly shall send a copy of the 2,706
results to the home health agency, and division (C)(3)(b) of this 2,710
section applies regarding the conditional employment. 2,711
Sec. 3712.09. (A) As used in this section: 2,720
(1) "Applicant" means a person who is under final 2,722
consideration for employment with a hospice care program in a 2,723
full-time, part-time, or temporary position that involves 2,725
providing direct care to an older adult. "Applicant" does not 2,726
include a person who provides direct care as a volunteer without 2,727
receiving or expecting to receive any form of remuneration other
64
than reimbursement for actual expenses. 2,728
(2) "Criminal records check" and "older adult" have the 2,730
same meanings as in section 109.572 of the Revised Code. 2,731
(B)(1) Except as provided in division (I) of this section, 2,733
the chief administrator of a hospice care program shall request 2,735
that the superintendent of the bureau of criminal identification 2,736
and investigation conduct a criminal records check with respect 2,737
to each applicant. If an applicant for whom a criminal records 2,739
check request is required under this division does not present 2,740
proof of having been a resident of this state for the five-year 2,741
period immediately prior to the date the criminal records check 2,742
is requested or provide evidence that within that five-year 2,743
period the superintendent has requested FINGERPRINT-BASED 2,744
information about the applicant from the federal bureau of 2,745
investigation in a criminal records check, the chief 2,746
administrator shall request that the superintendent obtain 2,747
FINGERPRINT-BASED information from the federal bureau of 2,749
investigation as part of the criminal records check of the 2,750
applicant. Even if an applicant for whom a criminal records 2,751
check request is required under this division presents proof of
having been a resident of this state for the five-year period, 2,753
the chief administrator may request that the superintendent 2,754
include FINGERPRINT-BASED information from the federal bureau of 2,755
investigation in the criminal records check. 2,757
(2) A person required by division (B)(1) of this section 2,760
to request a criminal records check shall do both of the
following: 2,761
(a) Provide to each applicant for whom a criminal records 2,763
check request is required under that division a copy of the form 2,764
prescribed pursuant to division (C)(1) of section 109.572 of the 2,766
Revised Code and a standard fingerprint impression sheet 2,767
prescribed ANY MATERIAL NEEDED TO OBTAIN FINGERPRINT IMPRESSIONS 2,768
pursuant to division (C)(2) of that section, and obtain the 2,769
completed form and impression sheet MATERIAL from the applicant; 2,770
65
(b) Forward OR TRANSMIT the completed form and impression 2,772
sheet MATERIAL to the superintendent of the bureau of criminal 2,773
identification and investigation. 2,774
(3) An applicant provided the form and fingerprint 2,776
impression sheet MATERIAL under division (B)(2)(a) of this 2,778
section who fails to complete the form or provide fingerprint 2,780
impressions shall not be employed in any position for which a 2,781
criminal records check is required by this section. 2,782
(C)(1) Except as provided in rules adopted by the public 2,785
health council in accordance with division (F) of this section 2,786
and subject to division (C)(2) of this section, no hospice care 2,787
program shall employ a person in a position that involves 2,788
providing direct care to an older adult if the person has been 2,789
convicted of or pleaded guilty to any of the following: 2,790
(a) A violation of section 2903.01, 2903.02, 2903.03, 2,793
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2,794
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2,795
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2,797
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2,798
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 2,800
2925.22, 2925.23, or 3716.11 of the Revised Code. 2,801
(b) A violation of an existing or former law of this 2,803
state, any other state, or the United States that is 2,805
substantially equivalent to any of the offenses listed in
division (C)(1)(a) of this section. 2,806
(2)(a) A hospice care program may employ conditionally an 2,808
applicant for whom a criminal records check request is required 2,810
under division (B) of this section prior to obtaining the results 2,811
of a criminal records check regarding the individual, provided 2,813
that the program shall request a criminal records check regarding 2,815
the individual in accordance with division (B)(1) of this section 2,816
not later than five business days after the individual begins 2,817
66
conditional employment. In the circumstances described in 2,818
division (I)(2) of this section, a hospice care program may 2,820
employ conditionally an applicant who has been referred to the 2,821
hospice care program by an employment service that supplies 2,823
full-time, part-time, or temporary staff for positions involving 2,824
the direct care of older adults and for whom, pursuant to that 2,825
division, a criminal records check is not required under division 2,826
(B) of this section. 2,827
(b) A hospice care program that employs an individual 2,831
conditionally under authority of division (C)(2)(a) of this 2,832
section shall terminate the individual's employment if the 2,833
results of the criminal records check requested under division 2,835
(B) of this section or described in division (I)(2) of this 2,836
section, other than the results of any request for 2,837
FINGERPRINT-BASED information from the federal bureau of 2,838
investigation, are not obtained within the period ending sixty 2,840
days after the date the request is made. Regardless of when the 2,841
results of the criminal records check are obtained, if the 2,843
results indicate that the individual has been convicted of or
pleaded guilty to any of the offenses listed or described in 2,844
division (C)(1) of this section, the program shall terminate the 2,845
individual's employment unless the program chooses to employ the 2,846
individual pursuant to division (F) of this section. Termination 2,847
of employment under this division shall be considered just cause 2,848
for discharge for purposes of division (D)(2) of section 4141.29 2,849
of the Revised Code if the individual makes any attempt to 2,850
deceive the program about the individual's criminal record. 2,851
(D)(1) Each hospice care program shall pay to the bureau 2,854
of criminal identification and investigation the fee prescribed 2,855
pursuant to division (C)(3) of section 109.572 of the Revised 2,856
Code for each criminal records check conducted pursuant to a 2,857
request made under division (B) of this section. 2,858
(2) A hospice care program may charge an applicant a fee 2,860
not exceeding the amount the program pays under division (D)(1) 2,862
67
of this section. A program may collect a fee only if both of the 2,863
following apply:
(a) The program notifies the person at the time of initial 2,865
application for employment of the amount of the fee and that, 2,866
unless the fee is paid, the person will not be considered for 2,867
employment;
(b) The medical assistance program established under 2,869
Chapter 5111. of the Revised Code does not reimburse the program 2,871
the fee it pays under division (D)(1) of this section. 2,872
(E) The report of a criminal records check conducted 2,875
pursuant to a request made under this section is not a public 2,876
record for the purposes of section 149.43 of the Revised Code and 2,877
shall not be made available to any person other than the 2,878
following:
(1) The individual who is the subject of the criminal 2,881
records check or the individual's representative;
(2) The chief administrator of the program requesting the 2,884
criminal records check or the administrator's representative; 2,885
(3) The administrator of any other facility, agency, or 2,887
program that provides direct care to older adults that is owned 2,888
or operated by the same entity that owns or operates the hospice 2,889
care program;
(4) A court, hearing officer, or other necessary 2,892
individual involved in a case dealing with a denial of employment 2,893
of the applicant or dealing with employment or unemployment 2,894
benefits of the applicant;
(5) Any person to whom the report is provided pursuant to, 2,897
and in accordance with, division (I)(1) or (2) of this section. 2,899
(F) The public health council shall adopt rules in 2,902
accordance with Chapter 119. of the Revised Code to implement 2,903
this section. The rules shall specify circumstances under which 2,904
a hospice care program may employ a person who has been convicted 2,905
of or pleaded guilty to an offense listed or described in 2,906
division (C)(1) of this section but meets personal character 2,907
68
standards set by the council.
(G) The chief administrator of a hospice care program 2,910
shall inform each individual, at the time of initial application 2,911
for a position that involves providing direct care to an older 2,912
adult, that the individual is required to provide a set of
fingerprint impressions and that a criminal records check is 2,913
required to be conducted if the individual comes under final 2,914
consideration for employment. 2,915
(H) In a tort or other civil action for damages that is 2,917
brought as the result of an injury, death, or loss to person or 2,918
property caused by an individual who a hospice care program 2,919
employs in a position that involves providing direct care to 2,920
older adults, all of the following shall apply: 2,922
(1) If the program employed the individual in good faith 2,924
and reasonable reliance on the report of a criminal records check 2,926
requested under this section, the program shall not be found 2,927
negligent solely because of its reliance on the report, even if 2,928
the information in the report is determined later to have been 2,929
incomplete or inaccurate;
(2) If the program employed the individual in good faith 2,931
on a conditional basis pursuant to division (C)(2) of this 2,933
section, the program shall not be found negligent solely because 2,934
it employed the individual prior to receiving the report of a 2,935
criminal records check requested under this section; 2,936
(3) If the program in good faith employed the individual 2,938
according to the personal character standards established in 2,939
rules adopted under division (F) of this section, the program 2,940
shall not be found negligent solely because the individual prior 2,941
to being employed had been convicted of or pleaded guilty to an 2,942
offense listed or described in division (C)(1) of this section. 2,943
(I)(1) The chief administrator of a hospice care program 2,945
is not required to request that the superintendent of the bureau 2,947
of criminal identification and investigation conduct a criminal 2,948
records check of an applicant if the applicant has been referred 2,949
69
to the program by an employment service that supplies full-time, 2,951
part-time, or temporary staff for positions involving the direct 2,952
care of older adults and both of the following apply: 2,953
(a) The chief administrator receives from the employment 2,955
service or the applicant a report of the results of a criminal 2,956
records check regarding the applicant that has been conducted by 2,957
the superintendent within the one-year period immediately 2,958
preceding the applicant's referral; 2,959
(b) The report of the criminal records check demonstrates 2,961
that the person has not been convicted of or pleaded guilty to an 2,963
offense listed or described in division (C)(1) of this section, 2,964
or the report demonstrates that the person has been convicted of 2,965
or pleaded guilty to one or more of those offenses, but the 2,966
hospice care program chooses to employ the individual pursuant to 2,967
division (F) of this section. 2,968
(2) The chief administrator of a hospice care program is 2,971
not required to request that the superintendent of the bureau of 2,972
criminal identification and investigation conduct a criminal 2,973
records check of an applicant and may employ the applicant 2,974
conditionally as described in this division, if the applicant has 2,976
been referred to the program by an employment service that
supplies full-time, part-time, or temporary staff for positions 2,977
involving the direct care of older adults and if the chief 2,978
administrator receives from the employment service or the 2,979
applicant a letter from the employment service that is on the 2,981
letterhead of the employment service, dated, and signed by a 2,982
supervisor or another designated official of the employment 2,983
service and that states that the employment service has requested 2,985
the superintendent to conduct a criminal records check regarding 2,986
the applicant, that the requested criminal records check will 2,987
include a determination of whether the applicant has been 2,988
convicted of or pleaded guilty to any offense listed or described 2,989
in division (C)(1) of this section, that, as of the date set 2,991
forth on the letter, the employment service had not received the 2,992
70
results of the criminal records check, and that, when the 2,993
employment service receives the results of the criminal records 2,995
check, it promptly will send a copy of the results to the hospice 2,997
care program. If a hospice care program employs an applicant 2,999
conditionally in accordance with this division, the employment 3,000
service, upon its receipt of the results of the criminal records 3,001
check, promptly shall send a copy of the results to the hospice 3,002
care program, and division (C)(2)(b) of this section applies 3,006
regarding the conditional employment. 3,007
Sec. 3721.121. (A) As used in this section: 3,016
(1) "Adult day-care program" means a program operated 3,018
pursuant to rules adopted by the public health council under 3,019
section 3721.04 of the Revised Code and provided by and on the 3,021
same site as homes licensed under this chapter.
(2) "Applicant" means a person who is under final 3,023
consideration for employment with a home or adult day-care 3,024
program in a full-time, part-time, or temporary position that 3,025
involves providing direct care to an older adult. "Applicant" 3,026
does not include a person who provides direct care as a volunteer 3,027
without receiving or expecting to receive any form of 3,028
remuneration other than reimbursement for actual expenses.
(3) "Criminal records check" and "older adult" have the 3,030
same meanings as in section 109.572 of the Revised Code. 3,031
(4) "Home" means a home as defined in section 3721.10 of 3,033
the Revised Code. 3,034
(B)(1) Except as provided in division (I) of this section, 3,037
the chief administrator of a home or adult day-care program shall 3,038
request that the superintendent of the bureau of criminal 3,039
identification and investigation conduct a criminal records check 3,040
with respect to each applicant. If an applicant for whom a 3,042
criminal records check request is required under this division 3,043
does not present proof of having been a resident of this state 3,044
for the five-year period immediately prior to the date the 3,045
criminal records check is requested or provide evidence that
71
within that five-year period the superintendent has requested 3,046
FINGERPRINT-BASED information about the applicant from the 3,047
federal bureau of investigation in a criminal records check, the 3,049
chief administrator shall request that the superintendent obtain 3,050
FINGERPRINT-BASED information from the federal bureau of 3,052
investigation as part of the criminal records check of the 3,053
applicant. Even if an applicant for whom a criminal records 3,054
check request is required under this division presents proof of
having been a resident of this state for the five-year period, 3,056
the chief administrator may request that the superintendent 3,057
include FINGERPRINT-BASED information from the federal bureau of 3,058
investigation in the criminal records check. 3,060
(2) A person required by division (B)(1) of this section 3,063
to request a criminal records check shall do both of the
following: 3,064
(a) Provide to each applicant for whom a criminal records 3,066
check request is required under that division a copy of the form 3,067
prescribed pursuant to division (C)(1) of section 109.572 of the 3,069
Revised Code and a standard fingerprint impression sheet 3,070
prescribed ANY MATERIAL NEEDED TO OBTAIN FINGERPRINT IMPRESSIONS 3,071
pursuant to division (C)(2) of that section, and obtain the 3,072
completed form and impression sheet MATERIAL from the applicant; 3,073
(b) Forward OR TRANSMIT the completed form and impression 3,075
sheet MATERIAL to the superintendent of the bureau of criminal 3,076
identification and investigation. 3,077
(3) An applicant provided the form and fingerprint 3,079
impression sheet MATERIAL under division (B)(2)(a) of this 3,081
section who fails to complete the form or provide fingerprint 3,082
impressions shall not be employed in any position for which a 3,084
criminal records check is required by this section. 3,085
(C)(1) Except as provided in rules adopted by the director 3,088
of health in accordance with division (F) of this section and 3,089
subject to division (C)(2) of this section, no home or adult 3,090
day-care program shall employ a person in a position that 3,092
72
involves providing direct care to an older adult if the person
has been convicted of or pleaded guilty to any of the following: 3,093
(a) A violation of section 2903.01, 2903.02, 2903.03, 3,096
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 3,097
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 3,098
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 3,100
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 3,101
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 3,102
2925.22, 2925.23, or 3716.11 of the Revised Code. 3,103
(b) A violation of an existing or former law of this 3,105
state, any other state, or the United States that is 3,107
substantially equivalent to any of the offenses listed in 3,108
division (C)(1)(a) of this section. 3,109
(2)(a) A home or an adult day-care program may employ 3,111
conditionally an applicant for whom a criminal records check 3,113
request is required under division (B) of this section prior to 3,114
obtaining the results of a criminal records check regarding the 3,116
individual, provided that the home or program shall request a 3,118
criminal records check regarding the individual in accordance 3,119
with division (B)(1) of this section not later than five business 3,121
days after the individual begins conditional employment. In the 3,123
circumstances described in division (I)(2) of this section, a 3,124
home or adult day-care program may employ conditionally an 3,126
applicant who has been referred to the home or adult day-care 3,127
program by an employment service that supplies full-time, 3,128
part-time, or temporary staff for positions involving the direct 3,129
care of older adults and for whom, pursuant to that division, a 3,130
criminal records check is not required under division (B) of this 3,132
section.
(b) A home or adult day-care program that employs an 3,134
individual conditionally under authority of division (C)(2)(a) of 3,136
this section shall terminate the individual's employment if the 3,137
73
results of the criminal records check requested under division 3,138
(B) of this section or described in division (I)(2) of this 3,139
section, other than the results of any request for 3,140
FINGERPRINT-BASED information from the federal bureau of 3,141
investigation, are not obtained within the period ending sixty 3,142
days after the date the request is made. Regardless of when the 3,143
results of the criminal records check are obtained, if the 3,144
results indicate that the individual has been convicted of or 3,145
pleaded guilty to any of the offenses listed or described in 3,146
division (C)(1) of this section, the home or program shall 3,147
terminate the individual's employment unless the home or program 3,148
chooses to employ the individual pursuant to division (F) of this 3,150
section. Termination of employment under this division shall be 3,151
considered just cause for discharge for purposes of division 3,152
(D)(2) of section 4141.29 of the Revised Code if the individual 3,153
makes any attempt to deceive the home or program about the 3,154
individual's criminal record.
(D)(1) Each home or adult day-care program shall pay to 3,157
the bureau of criminal identification and investigation the fee 3,158
prescribed pursuant to division (C)(3) of section 109.572 of the 3,159
Revised Code for each criminal records check conducted pursuant 3,160
to a request made under division (B) of this section. 3,161
(2) A home or adult day-care program may charge an 3,163
applicant a fee not exceeding the amount the home or program pays 3,164
under division (D)(1) of this section. A home or program may 3,166
collect a fee only if both of the following apply:
(a) The home or program notifies the person at the time of 3,168
initial application for employment of the amount of the fee and 3,170
that, unless the fee is paid, the person will not be considered
for employment; 3,171
(b) The medical assistance program established under 3,173
Chapter 5111. of the Revised Code does not reimburse the home or 3,175
program the fee it pays under division (D)(1) of this section. 3,176
(E) The report of any criminal records check conducted 3,179
74
pursuant to a request made under this section is not a public 3,180
record for the purposes of section 149.43 of the Revised Code and 3,181
shall not be made available to any person other than the 3,182
following:
(1) The individual who is the subject of the criminal 3,185
records check or the individual's representative;
(2) The chief administrator of the home or program 3,188
requesting the criminal records check or the administrator's 3,189
representative;
(3) The administrator of any other facility, agency, or 3,191
program that provides direct care to older adults that is owned 3,192
or operated by the same entity that owns or operates the home or 3,193
program;
(4) A court, hearing officer, or other necessary 3,196
individual involved in a case dealing with a denial of employment 3,197
of the applicant or dealing with employment or unemployment
benefits of the applicant; 3,198
(5) Any person to whom the report is provided pursuant to, 3,201
and in accordance with, division (I)(1) or (2) of this section. 3,203
(F) In accordance with section 3721.11 of the Revised 3,205
Code, the director of health shall adopt rules to implement this 3,206
section. The rules shall specify circumstances under which a 3,207
home or adult day-care program may employ a person who has been 3,208
convicted of or pleaded guilty to an offense listed or described 3,209
in division (C)(1) of this section but meets personal character 3,210
standards set by the director. 3,211
(G) The chief administrator of a home or adult day-care 3,213
program shall inform each individual, at the time of initial 3,214
application for a position that involves providing direct care to 3,215
an older adult, that the individual is required to provide a set 3,216
of fingerprint impressions and that a criminal records check is 3,217
required to be conducted if the individual comes under final 3,218
consideration for employment.
(H) In a tort or other civil action for damages that is 3,220
75
brought as the result of an injury, death, or loss to person or 3,221
property caused by an individual who a home or adult day-care 3,223
program employs in a position that involves providing direct care 3,224
to older adults, all of the following shall apply: 3,225
(1) If the home or program employed the individual in good 3,227
faith and reasonable reliance on the report of a criminal records 3,228
check requested under this section, the home or program shall not 3,229
be found negligent solely because of its reliance on the report, 3,230
even if the information in the report is determined later to have 3,232
been incomplete or inaccurate;
(2) If the home or program employed the individual in good 3,234
faith on a conditional basis pursuant to division (C)(2) of this 3,235
section, the home or program shall not be found negligent solely 3,236
because it employed the individual prior to receiving the report 3,237
of a criminal records check requested under this section; 3,238
(3) If the home or program in good faith employed the 3,240
individual according to the personal character standards 3,242
established in rules adopted under division (F) of this section, 3,244
the home or program shall not be found negligent solely because
the individual prior to being employed had been convicted of or 3,245
pleaded guilty to an offense listed or described in division 3,246
(C)(1) of this section. 3,247
(I)(1) The chief administrator of a home or adult day-care 3,249
program is not required to request that the superintendent of the 3,251
bureau of criminal identification and investigation conduct a 3,252
criminal records check of an applicant if the applicant has been 3,253
referred to the home or program by an employment service that 3,255
supplies full-time, part-time, or temporary staff for positions 3,256
involving the direct care of older adults and both of the 3,257
following apply:
(a) The chief administrator receives from the employment 3,259
service or the applicant a report of the results of a criminal 3,260
records check regarding the applicant that has been conducted by 3,261
the superintendent within the one-year period immediately 3,262
76
preceding the applicant's referral; 3,263
(b) The report of the criminal records check demonstrates 3,265
that the person has not been convicted of or pleaded guilty to an 3,267
offense listed or described in division (C)(1) of this section,
or the report demonstrates that the person has been convicted of 3,270
or pleaded guilty to one or more of those offenses, but the home 3,271
or adult day-care program chooses to employ the individual 3,272
pursuant to division (F) of this section. 3,273
(2) The chief administrator of a home or adult day-care 3,276
program is not required to request that the superintendent of the 3,277
bureau of criminal identification and investigation conduct a 3,278
criminal records check of an applicant and may employ the 3,279
applicant conditionally as described in this division, if the 3,280
applicant has been referred to the home or program by an 3,281
employment service that supplies full-time, part-time, or 3,282
temporary staff for positions involving the direct care of older 3,283
adults and if the chief administrator receives from the 3,284
employment service or the applicant a letter from the employment 3,285
service that is on the letterhead of the employment service, 3,286
dated, and signed by a supervisor or another designated official 3,287
of the employment service and that states that the employment 3,288
service has requested the superintendent to conduct a criminal 3,289
records check regarding the applicant, that the requested 3,290
criminal records check will include a determination of whether 3,291
the applicant has been convicted of or pleaded guilty to any 3,292
offense listed or described in division (C)(1) of this section, 3,293
that, as of the date set forth on the letter, the employment 3,295
service had not received the results of the criminal records 3,296
check, and that, when the employment service receives the results 3,297
of the criminal records check, it promptly will send a copy of 3,298
the results to the home or adult-care program. If a home or 3,299
adult day-care program employs an applicant conditionally in 3,300
accordance with this division, the employment service, upon its 3,301
receipt of the results of the criminal records check, promptly 3,302
77
shall send a copy of the results to the home or adult day-care
program, and division (C)(2)(b) of this section applies regarding 3,306
the conditional employment. 3,307
Sec. 3722.151. (A) As used in this section: 3,316
(1) "Adult care facility" has the same meaning as in 3,318
section 3722.01 of the Revised Code. 3,319
(2) "Applicant" means a person who is under final 3,321
consideration for employment with an adult care facility in a 3,322
full-time, part-time, or temporary position that involves 3,324
providing direct care to an older adult. "Applicant" does not
include a person who provides direct care as a volunteer without 3,327
receiving or expecting to receive any form of remuneration other 3,328
than reimbursement for actual expenses.
(3) "Criminal records check" and "older adult" have the 3,330
same meanings as in section 109.572 of the Revised Code. 3,331
(B)(1) Except as provided in division (I) of this section, 3,334
the chief administrator of an adult care facility shall request 3,335
that the superintendent of the bureau of criminal identification 3,336
and investigation conduct a criminal records check with respect 3,337
to each applicant. If an applicant for whom a criminal records 3,338
check request is required under this division does not present 3,339
proof of having been a resident of this state for the five-year 3,340
period immediately prior to the date the criminal records check 3,341
is requested or provide evidence that within that five-year 3,342
period the superintendent has requested FINGERPRINT-BASED
information about the applicant from the federal bureau of 3,344
investigation in a criminal records check, the chief 3,345
administrator shall request that the superintendent obtain 3,346
FINGERPRINT-BASED information from the federal bureau of 3,347
investigation as part of the criminal records check of the 3,348
applicant. Even if an applicant for whom a criminal records 3,350
check request is required under this division presents proof of
having been a resident of this state for the five-year period, 3,352
the chief administrator may request that the superintendent 3,353
78
include FINGERPRINT-BASED information from the federal bureau of 3,354
investigation in the criminal records check. 3,356
(2) A person required by division (B)(1) of this section 3,358
to request a criminal records check shall do both of the 3,359
following: 3,360
(a) Provide to each applicant for whom a criminal records 3,362
check request is required under that division a copy of the form 3,363
prescribed pursuant to division (C)(1) of section 109.572 of the 3,364
Revised Code and a standard fingerprint impression sheet 3,365
prescribed ANY MATERIAL NEEDED TO OBTAIN FINGERPRINT IMPRESSIONS 3,366
pursuant to division (C)(2) of that section, and obtain the 3,367
completed form and impression sheet MATERIAL from the applicant; 3,368
(b) Forward OR TRANSMIT the completed form and impression 3,370
sheet MATERIAL to the superintendent of the bureau of criminal 3,372
identification and investigation. 3,373
(3) An applicant provided the form and fingerprint 3,375
impression sheet MATERIAL under division (B)(2)(a) of this 3,377
section who fails to complete the form or provide fingerprint 3,378
impressions shall not be employed in any position for which a 3,379
criminal records check is required by this section. 3,380
(C)(1) Except as provided in rules adopted by the public 3,382
health council in accordance with division (F) of this section 3,383
and subject to division (C)(2) of this section, no adult care 3,385
facility shall employ a person in a position that involves 3,386
providing direct care to an older adult if the person has been 3,387
convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03, 3,389
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 3,390
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 3,391
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 3,393
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 3,394
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 3,395
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 3,396
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 3,397
79
2925.22, 2925.23, or 3716.11 of the Revised Code. 3,398
(b) A violation of an existing or former law of this 3,400
state, any other state, or the United States that is 3,402
substantially equivalent to any of the offenses listed in 3,403
division (C)(1)(a) of this section.
(2)(a) An adult care facility may employ conditionally an 3,405
applicant for whom a criminal records check request is required 3,407
under division (B) of this section prior to obtaining the results 3,408
of a criminal records check regarding the individual, provided 3,410
that the facility shall request a criminal records check 3,412
regarding the individual in accordance with division (B)(1) of 3,413
this section not later than five business days after the 3,414
individual begins conditional employment. In the circumstances 3,415
described in division (I)(2) of this section, an adult care 3,417
facility may employ conditionally an applicant who has been 3,418
referred to the adult care facility by an employment service that 3,420
supplies full-time, part-time, or temporary staff for positions 3,421
involving the direct care of older adults and for whom, pursuant 3,422
to that division, a criminal records check is not required under 3,423
division (B) of this section. 3,424
(b) An adult care facility that employs an individual 3,427
conditionally under authority of division (C)(2)(a) of this 3,428
section shall terminate the individual's employment if the 3,429
results of the criminal records check requested under division 3,430
(B) of this section or described in division (I)(2) of this 3,431
section, other than the results of any request for 3,433
FINGERPRINT-BASED information from the federal bureau of
investigation, are not obtained within the period ending sixty 3,436
days after the date the request is made. Regardless of when the 3,437
results of the criminal records check are obtained, if the 3,438
results indicate that the individual has been convicted of or 3,439
pleaded guilty to any of the offenses listed or described in 3,440
division (C)(1) of this section, the facility shall terminate the 3,441
individual's employment unless the facility chooses to employ the 3,443
80
individual pursuant to division (F) of this section. Termination 3,445
of employment under this division shall be considered just cause 3,446
for discharge for purposes of division (D)(2) of section 4141.29 3,447
of the Revised Code if the individual makes any attempt to 3,449
deceive the facility about the individual's criminal record. 3,451
(D)(1) Each adult care facility shall pay to the bureau of 3,453
criminal identification and investigation the fee prescribed 3,454
pursuant to division (C)(3) of section 109.572 of the Revised 3,455
Code for each criminal records check conducted pursuant to a 3,456
request made under division (B) of this section. 3,458
(2) An adult care facility may charge an applicant a fee 3,460
not exceeding the amount the facility pays under division (D)(1) 3,461
of this section. A facility may collect a fee only if it 3,462
notifies the person at the time of initial application for 3,463
employment of the amount of the fee and that, unless the fee is 3,464
paid, the person will not be considered for employment. 3,465
(E) The report of any criminal records check conducted 3,467
pursuant to a request made under this section is not a public 3,468
record for the purposes of section 149.43 of the Revised Code and 3,469
shall not be made available to any person other than the 3,470
following:
(1) The individual who is the subject of the criminal 3,472
records check or the individual's representative; 3,473
(2) The chief administrator of the facility requesting the 3,476
criminal records check or the administrator's representative;
(3) The administrator of any other facility, agency, or 3,478
program that provides direct care to older adults that is owned 3,479
or operated by the same entity that owns or operates the adult 3,480
care facility;
(4) A court, hearing officer, or other necessary 3,482
individual involved in a case dealing with a denial of employment 3,483
of the applicant or dealing with employment or unemployment 3,484
benefits of the applicant;
(5) Any person to whom the report is provided pursuant to, 3,486
81
and in accordance with, division (I)(1) or (2) of this section. 3,487
(F) The public health council shall adopt rules in 3,489
accordance with Chapter 119. of the Revised Code to implement 3,490
this section. The rules shall specify circumstances under which 3,491
an adult care facility may employ a person who has been convicted 3,492
of or pleaded guilty to an offense listed or described in 3,493
division (C)(1) of this section but meets personal character 3,494
standards set by the council. 3,495
(G) The chief administrator of an adult care facility 3,497
shall inform each individual, at the time of initial application 3,498
for a position that involves providing direct care to an older 3,499
adult, that the individual is required to provide a set of 3,500
fingerprint impressions and that a criminal records check is 3,501
required to be conducted if the individual comes under final 3,502
consideration for employment.
(H) In a tort or other civil action for damages that is 3,504
brought as the result of an injury, death, or loss to person or 3,505
property caused by an individual who an adult care facility 3,506
employs in a position that involves providing direct care to 3,507
older adults, all of the following shall apply: 3,509
(1) If the facility employed the individual in good faith 3,511
and reasonable reliance on the report of a criminal records check 3,513
requested under this section, the facility shall not be found 3,514
negligent solely because of its reliance on the report, even if 3,515
the information in the report is determined later to have been 3,516
incomplete or inaccurate;
(2) If the facility employed the individual in good faith 3,518
on a conditional basis pursuant to division (C)(2) of this 3,519
section, the facility shall not be found negligent solely because 3,520
it employed the individual prior to receiving the report of a 3,521
criminal records check requested under this section; 3,522
(3) If the facility in good faith employed the individual 3,524
according to the personal character standards established in 3,525
rules adopted under division (F) of this section, the facility 3,527
82
shall not be found negligent solely because the individual prior 3,528
to being employed had been convicted of or pleaded guilty to an 3,529
offense listed or described in division (C)(1) of this section. 3,530
(I)(1) The chief administrator of an adult care facility 3,532
is not required to request that the superintendent of the bureau 3,534
of criminal identification and investigation conduct a criminal 3,535
records check of an applicant if the applicant has been referred 3,536
to the facility by an employment service that supplies full-time, 3,537
part-time, or temporary staff for positions involving the direct 3,538
care of older adults and both of the following apply: 3,539
(a) The chief administrator receives from the employment 3,541
service or the applicant a report of the results of a criminal 3,542
records check regarding the applicant that has been conducted by 3,543
the superintendent within the one-year period immediately 3,544
preceding the applicant's referral; 3,545
(b) The report of the criminal records check demonstrates 3,547
that the person has not been convicted of or pleaded guilty to an 3,549
offense listed or described in division (C)(1) of this section, 3,550
or the report demonstrates that the person has been convicted of 3,551
or pleaded guilty to one or more of those offenses, but the adult 3,552
care facility chooses to employ the individual pursuant to
division (F) of this section. 3,553
(2) The chief administrator of an adult care facility is 3,556
not required to request that the superintendent of the bureau of 3,557
criminal identification and investigation conduct a criminal 3,558
records check of an applicant and may employ the applicant 3,559
conditionally as described in this division, if the applicant has 3,561
been referred to the facility by an employment service that
supplies full-time, part-time, or temporary staff for positions 3,562
involving the direct care of older adults and if the chief 3,563
administrator receives from the employment service or the 3,564
applicant a letter from the employment service that is on the 3,565
letterhead of the employment service, dated, and signed by a 3,566
supervisor or another designated official of the employment 3,567
83
service and that states that the employment service has requested 3,569
the superintendent to conduct a criminal records check regarding 3,570
the applicant, that the requested criminal records check will 3,571
include a determination of whether the applicant has been 3,572
convicted of or pleaded guilty to any offense listed or described 3,573
in division (C)(1) of this section, that, as of the date set 3,575
forth on the letter, the employment service had not received the 3,576
results of the criminal records check, and that, when the 3,577
employment service receives the results of the criminal records 3,578
check, it promptly will send a copy of the results to the adult 3,579
care facility. If an adult care facility employs an applicant 3,581
conditionally in accordance with this division, the employment
service, upon its receipt of the results of the criminal records 3,582
check, promptly shall send a copy of the results to the adult 3,583
care facility, and division (C)(2)(b) of this section applies 3,586
regarding the conditional employment. 3,587
Sec. 5104.012. (A)(1) The administrator of a child 3,596
day-care center or a type A family day-care home and the provider 3,598
of a certified type B family day-care home shall request the 3,599
superintendent of the bureau of criminal identification and 3,600
investigation to conduct a criminal records check with respect to 3,601
any applicant who has applied to the center, type A home, or 3,602
certified type B home for employment as a person responsible for 3,604
the care, custody, or control of a child. If the applicant does 3,605
not present proof that the applicant has been a resident of this 3,606
state for the five-year period immediately prior to the date upon 3,607
which the criminal records check is requested or does not provide 3,608
evidence that within that five-year period the superintendent has 3,609
requested FINGERPRINT-BASED information about the applicant from 3,610
the federal bureau of investigation in a criminal records check, 3,612
the administrator or provider shall request that the 3,613
superintendent obtain FINGERPRINT-BASED information from the 3,615
federal bureau of investigation as a part of the criminal records 3,616
check for the applicant. If the applicant presents proof that 3,617
84
the applicant has been a resident of this state for that 3,618
five-year period, the administrator or provider may request that 3,619
the superintendent include FINGERPRINT-BASED information from the 3,620
federal bureau of investigation in the criminal records check. 3,621
(2) A person required by division (A)(1) of this section 3,623
to request a criminal records check shall provide to each 3,624
applicant a copy of the form prescribed pursuant to division 3,625
(C)(1) of section 109.572 of the Revised Code, provide to each 3,626
applicant a standard impression sheet to AND ANY MATERIAL NEEDED 3,627
TO obtain fingerprint impressions prescribed pursuant to division 3,629
(C)(2) of THAT section 109.572 of the Revised Code, obtain the 3,631
completed form and impression sheet MATERIAL from each applicant, 3,632
and forward OR TRANSMIT the completed form and impression sheet 3,634
MATERIAL to the superintendent of the bureau of criminal 3,636
identification and investigation at the time the person requests 3,637
a criminal records check pursuant to division (A)(1) of this 3,638
section.
(3) An applicant who receives pursuant to division (A)(2) 3,640
of this section a copy of the form prescribed pursuant to 3,641
division (C)(1) of section 109.572 of the Revised Code and a copy 3,642
of an impression sheet prescribed ANY MATERIAL NEEDED TO OBTAIN 3,643
FINGERPRINT IMPRESSIONS pursuant to division (C)(2) of that 3,645
section and who is requested to complete the form and provide a 3,646
set of fingerprint impressions shall complete the form or provide 3,647
all the information necessary to complete the form and shall 3,648
provide the impression sheet MATERIAL with the impressions of the 3,649
applicant's fingerprints. If an applicant, upon request, fails 3,650
to provide the information necessary to complete the form or 3,651
fails to provide impressions of the applicant's fingerprints, the 3,652
center, type A home, or type B home shall not employ that 3,654
applicant for any position for which a criminal records check is 3,656
required by division (A)(1) of this section.
(B)(1) Except as provided in rules adopted under division 3,658
(E) of this section, no child day-care center, type A family 3,661
85
day-care home, or certified type B family day-care home shall 3,663
employ or contract with another entity for the services of a 3,664
person as a person responsible for the care, custody, or control 3,665
of a child if the person previously has been convicted of or 3,666
pleaded guilty to any of the following: 3,667
(a) A violation of section 2903.01, 2903.02, 2903.03, 3,669
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 3,670
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 3,672
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 3,673
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 3,674
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 3,675
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 3,676
2925.06, or 3716.11 of the Revised Code, a violation of section 3,677
2905.04 of the Revised Code as it existed prior to July 1, 1996, 3,678
a violation of section 2919.23 of the Revised Code that would 3,679
have been a violation of section 2905.04 of the Revised Code as
it existed prior to July 1, 1996, had the violation occurred 3,680
prior to that date, a violation of section 2925.11 of the Revised 3,681
Code that is not a minor drug possession offense, or felonious 3,682
sexual penetration in violation of former section 2907.12 of the 3,683
Revised Code;
(b) A violation of an existing or former law of this 3,685
state, any other state, or the United States that is 3,686
substantially equivalent to any of the offenses or violations 3,687
described in division (B)(1)(a) of this section. 3,688
(2) A child day-care center, type A family day-care home, 3,690
or certified type B family day-care home may employ an applicant 3,692
conditionally until the criminal records check required by this 3,693
section is completed and the center or home receives the results 3,694
of the criminal records check. If the results of the criminal 3,695
records check indicate that, pursuant to division (B)(1) of this 3,696
section, the applicant does not qualify for employment, the 3,697
center or home shall release the applicant from employment. 3,698
(C)(1) Each child day-care center, type A family day-care 3,700
86
home, and certified type B family day-care home shall pay to the 3,702
bureau of criminal identification and investigation the fee 3,703
prescribed pursuant to division (C)(3) of section 109.572 of the 3,704
Revised Code for each criminal records check conducted in 3,705
accordance with that section upon the request pursuant to 3,706
division (A)(1) of this section of the administrator or provider 3,707
of the center or home. 3,708
(2) A child day-care center, type A family day-care home, 3,710
and certified type B family day-care home may charge an applicant 3,712
a fee for the costs it incurs in obtaining a criminal records 3,713
check under this section. A fee charged under this division 3,714
shall not exceed the amount of fees the center or home pays under 3,715
division (C)(1) of this section. If a fee is charged under this 3,716
division, the center or home shall notify the applicant at the 3,717
time of the applicant's initial application for employment of the 3,718
amount of the fee and that, unless the fee is paid, the center, 3,719
type A home, or type B home will not consider the applicant for 3,722
employment.
(D) The report of any criminal records check conducted by 3,724
the bureau of criminal identification and investigation in 3,725
accordance with section 109.572 of the Revised Code and pursuant 3,726
to a request under division (A)(1) of this section is not a 3,727
public record for the purposes of section 149.43 of the Revised 3,728
Code and shall not be made available to any person other than the 3,729
applicant who is the subject of the criminal records check or the 3,730
applicant's representative; the center, type A home, or certified 3,732
type B home requesting the criminal records check or its 3,734
representative; the department of job and family services or a 3,735
county department of job and family services; and any court, 3,737
hearing officer, or other necessary individual involved in a case 3,738
dealing with the denial of employment to the applicant. 3,739
(E) The director of job and family services shall adopt 3,742
rules pursuant to Chapter 119. of the Revised Code to implement 3,743
this section, including rules specifying circumstances under 3,744
87
which a center or home may hire a person who has been convicted 3,745
of an offense listed in division (B)(1) of this section but who 3,746
meets standards in regard to rehabilitation set by the 3,747
department.
(F) Any person required by division (A)(1) of this section 3,749
to request a criminal records check shall inform each person, at 3,750
the time of the person's initial application for employment, that 3,751
the person is required to provide a set of impressions of the 3,752
person's fingerprints and that a criminal records check is 3,754
required to be conducted and satisfactorily completed in 3,755
accordance with section 109.572 of the Revised Code if the person 3,756
comes under final consideration for appointment or employment as 3,757
a precondition to employment for that position. 3,758
(G) As used in this section: 3,760
(1) "Applicant" means a person who is under final 3,762
consideration for appointment to or employment in a position with 3,763
a child day-care center, a type A family day-care home, or a 3,764
certified type B family day-care home as a person responsible for 3,766
the care, custody, or control of a child; an in-home aide 3,767
certified pursuant to section 5104.12 of the Revised Code; or any 3,768
person who would serve in any position with a child day-care 3,769
center, a type A family day-care home, or a certified type B 3,771
family day-care home as a person responsible for the care, 3,772
custody, or control of a child pursuant to a contract with 3,773
another entity. 3,774
(2) "Criminal records check" has the same meaning as in 3,776
section 109.572 of the Revised Code. 3,777
(3) "Minor drug possession offense" has the same meaning 3,779
as in section 2925.01 of the Revised Code. 3,780
Sec. 5104.013. (A)(1) The director of job and family 3,789
services, as part of the process of licensure of child day-care 3,790
centers and type A family day-care homes, shall request the 3,791
superintendent of the bureau of criminal identification and 3,792
investigation to conduct a criminal records check with respect to 3,793
88
the following persons: 3,794
(a) Any owner, licensee, or administrator of a child 3,796
day-care center; 3,797
(b) Any owner, licensee, or administrator of a type A 3,799
family day-care home and any person eighteen years of age or 3,800
older who resides in a type A family day-care home. 3,802
(2) The director of a county department of job and family 3,804
services, as part of the process of certification of type B 3,806
family day-care homes, shall request the superintendent of the 3,807
bureau of criminal identification and investigation to conduct a 3,808
criminal records check with respect to any authorized provider of 3,809
a certified type B family day-care home and any person eighteen 3,811
years of age or older who resides in a certified type B family 3,813
day-care home.
(B) The director of job and family services or the 3,815
director of a county department of job and family services shall 3,817
provide to each person for whom a criminal records check is 3,819
required under this section a copy of the form prescribed 3,820
pursuant to division (C)(1) of section 109.572 of the Revised 3,821
Code and a standard impression sheet ANY MATERIAL NEEDED to 3,822
obtain fingerprint impressions prescribed pursuant to division 3,824
(C)(2) of that section, obtain the completed form and impression 3,825
sheet MATERIAL from that person, and forward OR TRANSMIT the 3,826
completed form and impression sheet MATERIAL to the 3,827
superintendent of the bureau of criminal identification and 3,829
investigation.
(C) A person who receives pursuant to division (B) of this 3,832
section a copy of the form and standard impression sheet MATERIAL 3,833
described in that division and who is requested to complete the 3,834
form and provide a set of fingerprint impressions shall complete 3,835
the form or provide all the information necessary to complete the 3,836
form and shall provide the impression sheet MATERIAL with the 3,837
impressions of the person's fingerprints. If the person, upon 3,839
request, fails to provide the information necessary to complete 3,840
89
the form or fails to provide impressions of the person's 3,841
fingerprints, the director may consider the failure as a reason 3,842
to deny licensure or certification. 3,843
(D) Except as provided in rules adopted under division (G) 3,845
of this section, the director of job and family services shall 3,846
not grant a license to a child day-care center or type A family 3,848
day-care home and a county director of job and family services 3,850
shall not certify a type B family day-care home if a person for 3,852
whom a criminal records check was required in connection with the 3,853
center or home previously has been convicted of or pleaded guilty 3,854
to any of the following: 3,855
(1) A violation of section 2903.01, 2903.02, 2903.03, 3,857
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 3,858
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 3,860
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 3,861
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 3,862
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 3,863
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 3,864
2925.06, or 3716.11 of the Revised Code, a violation of section 3,865
2905.04 as it existed prior to July 1, 1996, a violation of
section 2919.23 of the Revised Code that would have been a 3,866
violation of section 2905.04 of the Revised Code as it existed 3,867
prior to July 1, 1996, had the violation been committed prior to 3,868
that date, a violation of section 2925.11 of the Revised Code 3,870
that is not a minor drug possession offense, or felonious sexual 3,871
penetration in violation of former section 2907.12 of the Revised
Code;
(2) A violation of an existing or former law of this 3,873
state, any other state, or the United States that is 3,874
substantially equivalent to any of the offenses or violations 3,875
described in division (D)(1) of this section. 3,876
(E) Each child day-care center, type A family day-care 3,878
home, and type B family day-care home shall pay to the bureau of 3,880
criminal identification and investigation the fee prescribed 3,881
90
pursuant to division (C)(3) of section 109.572 of the Revised 3,882
Code for each criminal records check conducted in accordance with 3,883
that section upon a request made pursuant to division (A) of this 3,884
section. 3,885
(F) The report of any criminal records check conducted by 3,887
the bureau of criminal identification and investigation in 3,888
accordance with section 109.572 of the Revised Code and pursuant 3,889
to a request made under division (A) of this section is not a 3,890
public record for the purposes of section 149.43 of the Revised 3,891
Code and shall not be made available to any person other than the 3,892
person who is the subject of the criminal records check or the 3,893
person's representative, the director of job and family services, 3,895
the director of a county department of job and family services, 3,896
the center, type A home, or type B home involved, and any court, 3,898
hearing officer, or other necessary individual involved in a case 3,900
dealing with a denial of licensure or certification related to 3,901
the criminal records check.
(G) The director of job and family services shall adopt 3,904
rules pursuant to Chapter 119. of the Revised Code to implement 3,905
this section, including rules specifying exceptions to the 3,906
prohibition in division (D) of this section for persons who have 3,907
been convicted of an offense listed in that division but who meet 3,908
standards in regard to rehabilitation set by the department. 3,909
(H) As used in this section: 3,911
(1) "Criminal records check" has the same meaning as in 3,913
section 109.572 of the Revised Code. 3,914
(2) "Minor drug possession offense" has the same meaning 3,917
as in section 2925.01 of the Revised Code.
Sec. 5123.01. As used in this chapter: 3,926
(A) "Chief medical officer" means the licensed physician 3,928
appointed by the managing officer of an institution for the 3,929
mentally retarded with the approval of the director of mental 3,930
retardation and developmental disabilities to provide medical 3,931
treatment for residents of the institution. 3,932
91
(B) "Chief program director" means a person with special 3,934
training and experience in the diagnosis and management of the 3,935
mentally retarded, certified according to division (C) of this 3,936
section in at least one of the designated fields, and appointed 3,937
by the managing officer of an institution for the mentally 3,938
retarded with the approval of the director to provide 3,939
habilitation and care for residents of the institution. 3,940
(C) "Comprehensive evaluation" means a study, including a 3,942
sequence of observations and examinations, of a person leading to 3,943
conclusions and recommendations formulated jointly, with 3,944
dissenting opinions if any, by a group of persons with special 3,945
training and experience in the diagnosis and management of 3,946
mentally retarded or developmentally disabled persons WITH MENTAL 3,947
RETARDATION OR ANOTHER DEVELOPMENTAL DISABILITY, which group 3,949
shall include individuals who are professionally qualified in the 3,950
fields of medicine, education, psychology, and social work, 3,951
together with such other specialists as the individual case may 3,952
require.
(D) "Education" means the process of formal training and 3,954
instruction to facilitate the intellectual and emotional 3,955
development of residents. 3,956
(E) "Habilitation" means the process by which the staff of 3,958
the institution assists the resident in acquiring and maintaining 3,959
those life skills that enable the resident to cope more 3,960
effectively with the demands of the resident's own person and of 3,962
the resident's environment and in raising the level of the 3,964
resident's physical, mental, social, and vocational efficiency. 3,966
Habilitation includes but is not limited to programs of formal, 3,967
structured education and training.
(F) "Health officer" means any public health physician, 3,969
public health nurse, or other person authorized or designated by 3,970
a city or general health district. 3,971
(G) "Indigent person" means a person who is unable, 3,973
without substantial financial hardship, to provide for the 3,974
92
payment of an attorney and for other necessary expenses of legal 3,975
representation, including expert testimony. 3,976
(H) "Institution" means a public or private facility, or a 3,978
part of a public or private facility, that is licensed by the 3,980
appropriate state department and is equipped to provide 3,981
residential habilitation, care, and treatment for the mentally 3,982
retarded.
(I) "Licensed physician" means a person who holds a valid 3,984
certificate issued under Chapter 4731. of the Revised Code 3,985
authorizing the person to practice medicine and surgery or 3,986
osteopathic medicine and surgery, or a medical officer of the 3,987
government of the United States while in the performance of the 3,988
officer's official duties.
(J) "Managing officer" means a person who is appointed by 3,990
the director of mental retardation and developmental disabilities 3,991
to be in executive control of an institution for the mentally 3,992
retarded under the jurisdiction of the department. 3,993
(K) "Mentally retarded person" means a person having 3,995
significantly subaverage general intellectual functioning 3,996
existing concurrently with deficiencies in adaptive behavior, 3,997
manifested during the developmental period. 3,998
(L) "Mentally retarded person subject to 4,000
institutionalization by court order" means a person eighteen 4,001
years of age or older who is at least moderately mentally 4,002
retarded and in relation to whom, because of the person's 4,003
retardation, either of the following conditions exist: 4,004
(1) The person represents a very substantial risk of 4,006
physical impairment or injury to self as manifested by evidence 4,008
that the person is unable to provide for and is not providing for 4,010
the person's most basic physical needs and that provision for 4,011
those needs is not available in the community; 4,012
(2) The person needs and is susceptible to significant 4,014
habilitation in an institution. 4,015
(M) "A person who is at least moderately mentally 4,017
93
retarded" means a person who is found, following a comprehensive 4,018
evaluation, to be impaired in adaptive behavior to a moderate 4,019
degree and to be functioning at the moderate level of 4,020
intellectual functioning in accordance with standard measurements 4,021
as recorded in the most current revision of the manual of 4,022
terminology and classification in mental retardation published by 4,023
the American association on mental retardation. 4,024
(N) As used in this division, "substantial functional 4,026
limitation," "developmental delay," and "established risk" have 4,027
the meanings established pursuant to section 5123.011 of the 4,028
Revised Code.
"Developmental disability" means a severe, chronic 4,030
disability that is characterized by all of the following: 4,031
(1) It is attributable to a mental or physical impairment 4,033
or a combination of mental and physical impairments, other than a 4,034
mental or physical impairment solely caused by mental illness as 4,035
defined in division (A) of section 5122.01 of the Revised Code. 4,036
(2) It is manifested before age twenty-two. 4,038
(3) It is likely to continue indefinitely. 4,040
(4) It results in one of the following: 4,042
(a) In the case of a person under three years of age, at 4,044
least one developmental delay or an established risk; 4,046
(b) In the case of a person at least three years of age 4,048
but under six years of age, at least two developmental delays or 4,049
an established risk; 4,050
(c) In the case of a person six years of age or older, a 4,052
substantial functional limitation in at least three of the 4,053
following areas of major life activity, as appropriate for the 4,054
person's age: self-care, receptive and expressive language, 4,055
learning, mobility, self-direction, capacity for independent 4,056
living, and, if the person is at least sixteen years of age, 4,057
capacity for economic self-sufficiency. 4,058
(5) It causes the person to need a combination and 4,060
sequence of special, interdisciplinary, or other type of care, 4,061
94
treatment, or provision of services for an extended period of 4,062
time that is individually planned and coordinated for the person. 4,063
(O) "Developmentally disabled person" means a person with 4,065
a developmental disability. 4,066
(P) "State institution" means an institution that is 4,068
tax-supported and under the jurisdiction of the department. 4,069
(Q) "Residence" and "legal residence" have the same 4,071
meaning as "legal settlement," which is acquired by residing in 4,072
Ohio for a period of one year without receiving general 4,073
assistance prior to July 17, 1995, under former Chapter 5113. of 4,075
the Revised Code, disability assistance under Chapter 5115. of 4,076
the Revised Code, or assistance from a private agency that 4,077
maintains records of assistance given. A person having a legal 4,078
settlement in the state shall be considered as having legal
settlement in the assistance area in which the person resides. 4,079
No adult person coming into this state and having a spouse or 4,081
minor children residing in another state shall obtain a legal 4,082
settlement in this state as long as the spouse or minor children 4,084
are receiving public assistance, care, or support at the expense
of the other state or its subdivisions. For the purpose of 4,085
determining the legal settlement of a person who is living in a 4,086
public or private institution or in a home subject to licensing 4,087
by the department of job and family services, the department of 4,089
mental health, or the department of mental retardation and
developmental disabilities, the residence of the person shall be 4,091
considered as though the person were residing in the county in
which the person was living prior to the person's entrance into 4,092
the institution or home. Settlement once acquired shall continue 4,093
until a person has been continuously absent from Ohio for a 4,094
period of one year or has acquired a legal residence in another 4,095
state. A woman who marries a man with legal settlement in any 4,096
county immediately acquires the settlement of her husband. The 4,097
legal settlement of a minor is that of the parents, surviving 4,098
parent, sole parent, parent who is designated the residential 4,099
95
parent and legal custodian by a court, other adult having 4,100
permanent custody awarded by a court, or guardian of the person 4,101
of the minor, provided that:
(1) A minor female who marries shall be considered to have 4,103
the legal settlement of her husband and, in the case of death of 4,104
her husband or divorce, she shall not thereby lose her legal 4,106
settlement obtained by the marriage. 4,107
(2) A minor male who marries, establishes a home, and who 4,109
has resided in this state for one year without receiving general 4,110
assistance prior to July 17, 1995, under former Chapter 5113. of 4,112
the Revised Code, disability assistance under Chapter 5115. of 4,113
the Revised Code, or assistance from a private agency that 4,114
maintains records of assistance given shall be considered to have 4,116
obtained a legal settlement in this state.
(3) The legal settlement of a child under eighteen years 4,119
of age who is in the care or custody of a public or private child 4,120
caring agency shall not change if the legal settlement of the 4,121
parent changes until after the child has been in the home of the 4,122
parent for a period of one year.
No person, adult or minor, may establish a legal settlement 4,124
in this state for the purpose of gaining admission to any state 4,125
institution. 4,126
(R)(1) "Resident" means, subject to division (R)(2) of 4,128
this section, a person who is admitted either voluntarily or 4,130
involuntarily to an institution or other facility pursuant to
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised 4,132
Code subsequent to a finding of not guilty by reason of insanity 4,133
or incompetence to stand trial or under this chapter who is under 4,134
observation or receiving habilitation and care in an institution. 4,135
(2) "Resident" does not include a person admitted to an 4,137
institution or other facility under section 2945.39, 2945.40, 4,138
2945.401, or 2945.402 of the Revised Code to the extent that the 4,139
reference in this chapter to resident, or the context in which 4,141
the reference occurs, is in conflict with any provision of 4,142
96
sections 2945.37 to 2945.402 of the Revised Code.
(S) "Respondent" means the person whose detention, 4,144
commitment, or continued commitment is being sought in any 4,145
proceeding under this chapter. 4,146
(T) "Working day" and "court day" mean Monday, Tuesday, 4,148
Wednesday, Thursday, and Friday, except when such day is a legal 4,149
holiday. 4,150
(U) "Prosecutor" means the prosecuting attorney, village 4,152
solicitor, city director of law, or similar chief legal officer 4,153
who prosecuted a criminal case in which a person was found not 4,154
guilty by reason of insanity, who would have had the authority to 4,155
prosecute a criminal case against a person if the person had not 4,156
been found incompetent to stand trial, or who prosecuted a case 4,157
in which a person was found guilty. 4,158
(V) "Court" means the probate division of the court of 4,160
common pleas. 4,161
Sec. 5123.02. (A) The department of mental retardation 4,170
and developmental disabilities shall DO THE FOLLOWING: 4,171
(1)(A) Promote comprehensive statewide programs and 4,173
services for mentally retarded or developmentally disabled 4,174
persons WITH MENTAL RETARDATION OR ANOTHER DEVELOPMENTAL 4,175
DISABILITY and their families wherever they reside in the state. 4,176
These programs shall include public education, prevention, 4,177
diagnosis, treatment, training, and care. 4,178
(2)(B) Provide administrative leadership for statewide 4,180
services which include residential facilities, evaluation 4,181
centers, and community classes which are wholly or in part 4,182
financed by the department of mental retardation and 4,183
developmental disabilities as provided by section 5123.26 of the 4,184
Revised Code; 4,185
(3)(C) Develop and maintain, to the extent feasible, data 4,187
on all services and programs for mentally retarded or 4,188
developmentally disabled persons WITH MENTAL RETARDATION OR 4,189
ANOTHER DEVELOPMENTAL DISABILITY, THAT ARE provided by 4,190
97
governmental and private agencies; 4,191
(4)(D) Make periodic determinations of the number of 4,193
mentally retarded or developmentally disabled persons WITH MENTAL 4,195
RETARDATION OR ANOTHER DEVELOPMENTAL DISABILITY requiring 4,196
services in the state; 4,197
(5)(E) Provide leadership to local authorities in planning 4,199
and developing community-wide services for mentally retarded or 4,200
developmentally disabled persons WITH MENTAL RETARDATION OR 4,201
ANOTHER DEVELOPMENTAL DISABILITY and their families; 4,202
(6)(F) Promote programs of professional training and 4,204
research in cooperation with other state departments, agencies, 4,205
and institutions of higher learning. 4,206
(B) The department may conduct audits of the services and 4,208
programs that either receive funds through the department or are 4,209
subject to regulation by the department. Audits shall be 4,210
conducted in accordance with procedures prescribed by the 4,211
department. Records created or received by the department in 4,212
connection with an audit are not public records under section
149.43 of the Revised Code until a report of the audit is 4,213
released by the department. 4,214
Sec. 5123.041. (A) As used in this section, "habilitation 4,223
center" means a center certified under division (C) of this 4,224
section for the provision of habilitation services. 4,225
(B) The director of mental retardation and developmental 4,227
disabilities shall adopt rules in accordance with Chapter 119. of 4,228
the Revised Code that do all of the following: 4,229
(1) Specify standards and procedures for certification of 4,231
habilitation centers; 4,232
(2) Define habilitation services and programs, other than 4,234
services provided by the department of education; 4,235
(3) Establish the fee that may be assessed under division 4,237
(D) of this section; 4,238
(4) Specify how the department of mental retardation and 4,240
developmental disabilities will implement and administer the 4,241
98
habilitation services program. 4,242
(C) The director shall certify habilitation centers that 4,244
meet the standards specified by rules adopted under this section. 4,245
(D) The department of mental retardation and developmental 4,247
disabilities may assess the fee established under division (B)(3) 4,248
of this section for providing services related to the 4,249
habilitation services program. The fee may be retained from any 4,250
funds the department receives for a habilitation center under 4,251
Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 4,252
U.S.C.A. 301, as amended. 4,253
Sec. 5123.042. (A) The director of mental retardation and 4,262
developmental disabilities shall adopt rules in accordance with 4,263
Chapter 119. of the Revised Code establishing the following: 4,264
(1) Uniform standards and procedures under which: 4,266
(a) A person or agency shall submit plans to the county 4,268
board of mental retardation and developmental disabilities for 4,269
the development of residential services for mentally retarded and 4,270
developmentally disabled individuals WITH MENTAL RETARDATION OR 4,271
ANOTHER DEVELOPMENTAL DISABILITY within the county; 4,272
(b) The county board must review the plans and recommend 4,274
providers for the services. 4,275
(2) The eligibility criteria for selecting persons and 4,277
agencies to provide residential services, which shall take into 4,278
consideration the recommendations of the county board. 4,279
(B) The county board, in accordance with its comprehensive 4,281
service plan as approved by the director, shall review all 4,282
proposals for the development of residential services that are 4,283
submitted to it and shall, if the proposals are acceptable to the 4,284
county board, recommend providers for the development of 4,285
residential services within the county. The department shall 4,286
approve proposals for the development of residential services 4,287
within counties based upon the availability of funds and in 4,288
accordance with rules adopted under division (A)(2) of this 4,289
section. 4,290
99
No county board shall recommend providers for the 4,292
development of residential services if the county board is an 4,293
applicant to provide services. In cases of possible conflict of 4,294
interest, the director shall appoint a committee that shall, in 4,295
accordance with the approved county comprehensive service plan, 4,296
review and recommend to him THE DIRECTOR providers for the 4,297
services. 4,298
If a county board fails to establish an approved 4,300
comprehensive service plan, the director may establish 4,301
residential services development goals for the county board based 4,302
on documented need as determined by the department. If a county 4,303
board fails to develop or implement such a plan in accordance 4,304
with the rules adopted under this section, the department may, 4,305
without the involvement of the county board, review and select 4,306
providers for the development of residential services in the 4,307
county. 4,308
Sec. 5123.05. THE DEPARTMENT OF MENTAL RETARDATION AND 4,310
DEVELOPMENTAL DISABILITIES MAY CONDUCT AUDITS OF THE SERVICES AND 4,311
PROGRAMS THAT EITHER RECEIVE FUNDS THROUGH THE DEPARTMENT OR ARE 4,312
SUBJECT TO REGULATION BY THE DEPARTMENT. AUDITS SHALL BE 4,313
CONDUCTED IN ACCORDANCE WITH PROCEDURES PRESCRIBED BY THE 4,314
DEPARTMENT. RECORDS CREATED OR RECEIVED BY THE DEPARTMENT IN 4,315
CONNECTION WITH AN AUDIT ARE NOT PUBLIC RECORDS UNDER SECTION 4,316
149.43 OF THE REVISED CODE UNTIL A REPORT OF THE AUDIT IS 4,317
RELEASED BY THE DEPARTMENT. 4,318
Sec. 5123.183 5123.051. (A) As used in this section, 4,327
"contractor" means a person or government agency that has entered 4,329
into a contract with the department of mental retardation and 4,330
developmental disabilities under section 5123.18 or 5111.252 of 4,331
the Revised Code.
(B) If the department of mental retardation and 4,333
developmental disabilities determines pursuant to an audit 4,334
CONDUCTED UNDER SECTION 5123.05 OF THE REVISED CODE or A 4,335
reconciliation conducted under section 5123.18 or 5111.252 of the 4,336
100
Revised Code that money is owed the state by a contractor 4,337
PROVIDER OF A SERVICE OR PROGRAM, the office of support within 4,339
the department may enter into a payment agreement with the 4,340
contractor PROVIDER. The agreement shall include the following: 4,341
(1) A schedule of installment payments whereby the money 4,343
owed the state is to be paid in full within a period not to 4,344
exceed one year; 4,345
(2) A provision that the contractor PROVIDER may pay the 4,348
entire balance owed at any time during the term of the agreement; 4,350
(3) A provision that if any installment is not paid in 4,352
full within forty-five days after it is due, the entire balance 4,353
owed is immediately due and payable; 4,354
(4) Such ANY other terms and conditions as THAT are agreed 4,357
to by the office DEPARTMENT and the contractor PROVIDER. 4,358
(B) The office DEPARTMENT may include a provision in a 4,360
payment agreement that requires the contractor PROVIDER to pay 4,362
interest on the money owed the state. The office DEPARTMENT, in 4,363
its discretion, shall determine whether to require the payment of 4,365
interest and, if it so requires, the rate of interest. Neither 4,366
the obligation to pay interest nor the rate of interest is 4,367
subject to negotiation between the office DEPARTMENT and the 4,368
contractor PROVIDER. 4,370
(C) If the contractor PROVIDER fails to pay any 4,373
installment in full within forty-five days after its due date, 4,374
the office DEPARTMENT shall certify the entire balance owed to 4,375
the attorney general for collection under section 131.02 of the 4,376
Revised Code. The department may withhold funds from payments 4,377
made to a contractor PROVIDER under section 5123.18 or 5111.252 4,378
of the Revised Code to satisfy a judgment secured by the attorney 4,380
general.
(D) All money collected under this section shall be 4,382
deposited in the state treasury to the credit of the THE purchase 4,383
of service fund, which is hereby created. Money credited to the 4,385
fund shall be used solely for purposes of sections 5123.18 and 4,386
101
5111.252 SECTION 5123.05 of the Revised Code. 4,387
Sec. 5123.05 5123.06. The director of mental retardation 4,396
and developmental disabilities may establish divisions in the 4,398
department of mental retardation and developmental disabilities 4,399
and prescribe their powers and duties. 4,400
Each division shall consist of a chief DEPUTY DIRECTOR and 4,402
the officers and employees, including those in institutions, 4,405
necessary for the performance of the functions assigned to it. 4,406
The director shall supervise the work of each division and be 4,407
responsible for the determination of general policies in the 4,408
exercise of powers vested in the department and powers assigned 4,409
to each division. The chief DEPUTY DIRECTOR of each division 4,410
shall be responsible to the director for the organization, 4,413
direction, and supervision of the work of the division and the 4,414
exercise of the powers and the performance of the duties of the 4,415
department assigned to such THE division, and, with the approval 4,417
of the director, may establish bureaus or other administrative 4,418
units in the division.
Appointment to the position of chief DEPUTY DIRECTOR of a 4,420
division may be made from persons holding positions in the 4,423
classified service in the department. 4,424
The chief DEPUTY DIRECTOR of each division shall be a 4,426
person who has had special training and experience in the type of 4,428
work with the performance of which the division is charged. 4,429
Each chief DEPUTY DIRECTOR of a division, under the 4,431
director, shall have entire executive charge of the division to 4,433
which the chief DEPUTY DIRECTOR is appointed. Subject to 4,435
sections 124.01 to 124.64 of the Revised Code, and civil service 4,436
rules, the chief DEPUTY DIRECTOR of a division shall, with the 4,437
approval of the director, select and appoint the necessary 4,438
employees in the chief's DEPUTY DIRECTOR'S division and may 4,439
remove such THOSE employees for cause. 4,441
Sec. 5123.081. (A) AS USED IN THIS SECTION: 4,443
(1) "APPLICANT" MEANS A PERSON WHO IS UNDER FINAL 4,445
102
CONSIDERATION FOR APPOINTMENT TO OR EMPLOYMENT WITH THE 4,446
DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES, 4,447
INCLUDING, BUT NOT LIMITED TO, A PERSON WHO IS BEING TRANSFERRED 4,448
TO THE DEPARTMENT AND AN EMPLOYEE WHO IS BEING RECALLED OR 4,449
REEMPLOYED AFTER A LAYOFF.
(2) "CRIMINAL RECORDS CHECK" HAS THE SAME MEANING AS IN 4,451
SECTION 109.572 OF THE REVISED CODE. 4,452
(3) "MINOR DRUG POSSESSION OFFENSE" HAS THE SAME MEANING 4,454
AS IN SECTION 2925.01 OF THE REVISED CODE. 4,455
(B) THE DIRECTOR OF MENTAL RETARDATION AND DEVELOPMENTAL 4,457
DISABILITIES SHALL REQUEST THE SUPERINTENDENT OF THE BUREAU OF 4,458
CRIMINAL IDENTIFICATION AND INVESTIGATION TO CONDUCT A CRIMINAL 4,459
RECORDS CHECK WITH RESPECT TO EACH APPLICANT, EXCEPT THAT THE 4,460
DIRECTOR IS NOT REQUIRED TO REQUEST A CRIMINAL RECORDS CHECK FOR 4,461
AN EMPLOYEE OF THE DEPARTMENT WHO IS BEING CONSIDERED FOR A 4,462
DIFFERENT POSITION OR IS RETURNING AFTER A LEAVE OF ABSENCE OR 4,463
SEASONAL BREAK IN EMPLOYMENT, AS LONG AS THE DIRECTOR HAS NO 4,464
REASON TO BELIEVE THAT THE EMPLOYEE HAS COMMITTED ANY OF THE 4,465
OFFENSES LISTED OR DESCRIBED IN DIVISION (E) OF THIS SECTION. 4,466
IF THE APPLICANT DOES NOT PRESENT PROOF THAT THE APPLICANT 4,468
HAS BEEN A RESIDENT OF THIS STATE FOR THE FIVE-YEAR PERIOD 4,469
IMMEDIATELY PRIOR TO THE DATE UPON WHICH THE CRIMINAL RECORDS 4,470
CHECK IS REQUESTED, THE DIRECTOR SHALL REQUEST THAT THE 4,471
SUPERINTENDENT OF THE BUREAU OBTAIN FINGERPRINT-BASED INFORMATION 4,472
FROM THE FEDERAL BUREAU OF INVESTIGATION AS A PART OF THE 4,474
CRIMINAL RECORDS CHECK FOR THE APPLICANT. IF THE APPLICANT 4,475
PRESENTS PROOF THAT THE APPLICANT HAS BEEN A RESIDENT OF THIS 4,476
STATE FOR THAT FIVE-YEAR PERIOD, THE DIRECTOR MAY REQUEST THAT 4,477
THE SUPERINTENDENT OF THE BUREAU INCLUDE FINGERPRINT-BASED 4,478
INFORMATION FROM THE FEDERAL BUREAU OF INVESTIGATION IN THE 4,479
CRIMINAL RECORDS CHECK. FOR PURPOSES OF THIS DIVISION, AN 4,480
APPLICANT MAY PROVIDE PROOF OF RESIDENCY IN THIS STATE BY 4,481
PRESENTING, WITH A NOTARIZED STATEMENT ASSERTING THAT THE 4,482
APPLICANT HAS BEEN A RESIDENT OF THIS STATE FOR THAT FIVE-YEAR 4,483
103
PERIOD, A VALID DRIVER'S LICENSE, NOTIFICATION OF REGISTRATION AS 4,484
AN ELECTOR, A COPY OF AN OFFICIALLY FILED FEDERAL OR STATE TAX 4,485
FORM IDENTIFYING THE APPLICANT'S PERMANENT RESIDENCE, OR ANY 4,486
OTHER DOCUMENT THE DIRECTOR CONSIDERS ACCEPTABLE. 4,487
(C) THE DIRECTOR SHALL PROVIDE TO EACH APPLICANT A COPY OF 4,489
THE FORM PRESCRIBED PURSUANT TO DIVISION (C)(1) OF SECTION 4,490
109.572 OF THE REVISED CODE, PROVIDE TO EACH APPLICANT ANY 4,491
MATERIAL NEEDED TO OBTAIN FINGERPRINT IMPRESSIONS PURSUANT TO 4,492
DIVISION (C)(2) OF SECTION 109.572 OF THE REVISED CODE, OBTAIN 4,493
THE COMPLETED FORM AND MATERIAL FROM EACH APPLICANT, AND FORWARD 4,495
OR TRANSMIT THE COMPLETED FORM AND MATERIAL TO THE SUPERINTENDENT 4,497
OF THE BUREAU OF CRIMINAL IDENTIFICATION AND INVESTIGATION AT THE 4,498
TIME THE CRIMINAL RECORDS CHECK IS REQUESTED. 4,499
ANY APPLICANT WHO RECEIVES PURSUANT TO THIS DIVISION A COPY 4,501
OF THE FORM PRESCRIBED PURSUANT TO DIVISION (C)(1) OF SECTION 4,502
109.572 OF THE REVISED CODE AND ANY MATERIAL NEEDED TO OBTAIN 4,503
FINGERPRINT IMPRESSIONS PURSUANT TO DIVISION (C)(2) OF THAT 4,505
SECTION AND WHO IS REQUESTED TO COMPLETE THE FORM AND PROVIDE A 4,506
SET OF FINGERPRINT IMPRESSIONS SHALL COMPLETE THE FORM OR PROVIDE 4,508
ALL THE INFORMATION NECESSARY TO COMPLETE THE FORM AND SHALL
PROVIDE THE MATERIAL WITH THE IMPRESSIONS OF THE APPLICANT'S 4,510
FINGERPRINTS. IF AN APPLICANT, UPON REQUEST, FAILS TO PROVIDE 4,511
THE INFORMATION NECESSARY TO COMPLETE THE FORM OR FAILS TO 4,512
PROVIDE IMPRESSIONS OF THE APPLICANT'S FINGERPRINTS, THE DIRECTOR 4,513
SHALL NOT EMPLOY THE APPLICANT. 4,514
(D) THE DIRECTOR MAY REQUEST ANY OTHER STATE OR FEDERAL 4,516
AGENCY TO SUPPLY THE DIRECTOR WITH A WRITTEN REPORT REGARDING THE 4,517
CRIMINAL RECORD OF EACH APPLICANT. WITH REGARD TO AN APPLICANT
WHO BECOMES A DEPARTMENT EMPLOYEE, IF THE EMPLOYEE HOLDS AN 4,518
OCCUPATIONAL OR PROFESSIONAL LICENSE OR OTHER CREDENTIALS, THE 4,519
DIRECTOR MAY REQUEST THAT THE STATE OR FEDERAL AGENCY THAT 4,520
REGULATES THE EMPLOYEE'S OCCUPATION OR PROFESSION SUPPLY THE 4,521
DIRECTOR WITH A WRITTEN REPORT OF ANY INFORMATION PERTAINING TO 4,522
THE EMPLOYEE'S CRIMINAL RECORD THAT THE AGENCY OBTAINS IN THE 4,523
104
COURSE OF CONDUCTING AN INVESTIGATION OR IN THE PROCESS OF 4,524
RENEWING THE EMPLOYEE'S LICENSE OR OTHER CREDENTIALS. 4,525
(E) EXCEPT AS PROVIDED IN DIVISION (K)(2) OF THIS SECTION 4,527
AND IN RULES ADOPTED BY THE DIRECTOR IN ACCORDANCE WITH DIVISION 4,528
(M) OF THIS SECTION, THE DIRECTOR SHALL NOT EMPLOY A PERSON TO 4,529
FILL A POSITION WITH THE DEPARTMENT WHO HAS BEEN CONVICTED OF OR 4,530
PLEADED GUILTY TO ANY OF THE FOLLOWING: 4,531
(1) A VIOLATION OF SECTION 2903.01, 2903.02, 2903.03, 4,533
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 4,534
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 4,535
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 4,536
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 4,537
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 4,538
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 4,539
2925.06, OR 3716.11 OF THE REVISED CODE, A VIOLATION OF SECTION 4,541
2905.04 OF THE REVISED CODE AS IT EXISTED PRIOR TO JULY 1, 1996, 4,543
A VIOLATION OF SECTION 2919.23 OF THE REVISED CODE THAT WOULD 4,544
HAVE BEEN A VIOLATION OF SECTION 2905.04 OF THE REVISED CODE AS 4,545
IT EXISTED PRIOR TO JULY 1, 1996, HAD THE VIOLATION OCCURRED 4,546
PRIOR TO THAT DATE, A VIOLATION OF SECTION 2925.11 OF THE REVISED 4,547
CODE THAT IS NOT A MINOR DRUG POSSESSION OFFENSE, OR FELONIOUS 4,549
SEXUAL PENETRATION IN VIOLATION OF FORMER SECTION 2907.12 OF THE 4,550
REVISED CODE; 4,551
(2) A FELONY CONTAINED IN THE REVISED CODE THAT IS NOT 4,553
LISTED IN THIS DIVISION, IF THE FELONY BEARS A DIRECT AND 4,555
SUBSTANTIAL RELATIONSHIP TO THE DUTIES AND RESPONSIBILITIES OF 4,556
THE POSITION BEING FILLED;
(3) ANY OFFENSE CONTAINED IN THE REVISED CODE CONSTITUTING 4,559
A MISDEMEANOR OF THE FIRST DEGREE ON THE FIRST OFFENSE AND A 4,560
FELONY ON A SUBSEQUENT OFFENSE, IF THE OFFENSE BEARS A DIRECT AND 4,561
SUBSTANTIAL RELATIONSHIP TO THE POSITION BEING FILLED AND THE 4,562
NATURE OF THE SERVICES BEING PROVIDED BY THE DEPARTMENT;
(4) A VIOLATION OF AN EXISTING OR FORMER MUNICIPAL 4,564
ORDINANCE OR LAW OF THIS STATE, ANY OTHER STATE, OR THE UNITED 4,565
105
STATES, IF THE OFFENSE IS SUBSTANTIALLY EQUIVALENT TO ANY OF THE 4,566
OFFENSES LISTED OR DESCRIBED IN DIVISION (E)(1), (2), OR (3) OF 4,568
THIS SECTION.
(F) PRIOR TO EMPLOYING AN APPLICANT, THE DIRECTOR SHALL 4,570
REQUIRE THE APPLICANT TO SUBMIT A STATEMENT WITH THE APPLICANT'S 4,571
SIGNATURE ATTESTING THAT THE APPLICANT HAS NOT BEEN CONVICTED OF 4,572
OR PLEADED GUILTY TO ANY OF THE OFFENSES LISTED OR DESCRIBED IN 4,573
DIVISION (E) OF THIS SECTION. THE DIRECTOR ALSO SHALL REQUIRE 4,575
THE APPLICANT TO SIGN AN AGREEMENT UNDER WHICH THE APPLICANT 4,577
AGREES TO NOTIFY THE DIRECTOR WITHIN FOURTEEN CALENDAR DAYS IF,
WHILE EMPLOYED WITH THE DEPARTMENT, THE APPLICANT IS EVER 4,579
FORMALLY CHARGED WITH, CONVICTED OF, OR PLEADS GUILTY TO ANY OF 4,580
THE OFFENSES LISTED OR DESCRIBED IN DIVISION (E) OF THIS SECTION. 4,582
THE AGREEMENT SHALL INFORM THE APPLICANT THAT FAILURE TO REPORT 4,583
FORMAL CHARGES, A CONVICTION, OR A GUILTY PLEA MAY RESULT IN 4,584
BEING DISMISSED FROM EMPLOYMENT. 4,585
(G) THE DIRECTOR SHALL PAY TO THE BUREAU OF CRIMINAL 4,587
IDENTIFICATION AND INVESTIGATION THE FEE PRESCRIBED PURSUANT TO 4,588
DIVISION (C)(3) OF SECTION 109.572 OF THE REVISED CODE FOR EACH 4,589
CRIMINAL RECORDS CHECK REQUESTED AND CONDUCTED PURSUANT TO THIS 4,590
SECTION. 4,591
(H)(1) ANY REPORT OBTAINED PURSUANT TO THIS SECTION IS NOT 4,593
A PUBLIC RECORD FOR PURPOSES OF SECTION 149.43 OF THE REVISED 4,594
CODE AND SHALL NOT BE MADE AVAILABLE TO ANY PERSON, OTHER THAN 4,595
THE APPLICANT WHO IS THE SUBJECT OF THE RECORDS CHECK OR CRIMINAL
RECORDS CHECK OR THE APPLICANT'S REPRESENTATIVE, THE DEPARTMENT 4,596
OR ITS REPRESENTATIVE, A COUNTY BOARD OF MENTAL RETARDATION AND 4,597
DEVELOPMENTAL DISABILITIES, AND ANY COURT, HEARING OFFICER, OR 4,598
OTHER NECESSARY INDIVIDUAL INVOLVED IN A CASE DEALING WITH THE 4,599
DENIAL OF EMPLOYMENT TO THE APPLICANT OR THE DENIAL, SUSPENSION, 4,600
OR REVOCATION OF A CERTIFICATE OR EVIDENCE OF REGISTRATION UNDER 4,602
SECTION 5123.082 OF THE REVISED CODE.
(2) AN INDIVIDUAL FOR WHOM THE DIRECTOR HAS OBTAINED 4,604
REPORTS UNDER THIS SECTION MAY SUBMIT A WRITTEN REQUEST TO THE 4,605
106
DIRECTOR TO HAVE COPIES OF THE REPORTS SENT TO ANY STATE AGENCY, 4,606
ENTITY OF LOCAL GOVERNMENT, OR PRIVATE ENTITY. THE INDIVIDUAL 4,607
SHALL SPECIFY IN THE REQUEST THE AGENCIES OR ENTITIES TO WHICH 4,608
THE COPIES ARE TO BE SENT. ON RECEIVING THE REQUEST, THE 4,609
DIRECTOR SHALL SEND COPIES OF THE REPORTS TO THE AGENCIES OR 4,610
ENTITIES SPECIFIED.
THE DIRECTOR MAY REQUEST THAT A STATE AGENCY, ENTITY OF 4,612
LOCAL GOVERNMENT, OR PRIVATE ENTITY SEND COPIES TO THE DIRECTOR 4,613
OF ANY REPORT REGARDING A RECORDS CHECK OR CRIMINAL RECORDS CHECK 4,614
THAT THE AGENCY OR ENTITY POSSESSES, IF THE DIRECTOR OBTAINS THE 4,615
WRITTEN CONSENT OF THE INDIVIDUAL WHO IS THE SUBJECT OF THE 4,616
REPORT.
(I) THE DIRECTOR SHALL REQUEST THE REGISTRAR OF MOTOR 4,618
VEHICLES TO SUPPLY THE DIRECTOR WITH A CERTIFIED ABSTRACT 4,619
REGARDING THE RECORD OF CONVICTIONS FOR VIOLATIONS OF MOTOR 4,620
VEHICLE LAWS OF EACH APPLICANT WHO WILL BE REQUIRED BY THE 4,621
APPLICANT'S EMPLOYMENT TO TRANSPORT INDIVIDUALS WITH MENTAL 4,622
RETARDATION OR ANOTHER DEVELOPMENTAL DISABILITY OR TO OPERATE THE 4,624
DEPARTMENT'S VEHICLES FOR ANY OTHER PURPOSE. FOR EACH ABSTRACT
PROVIDED UNDER THIS SECTION, THE DIRECTOR SHALL PAY THE AMOUNT 4,625
SPECIFIED IN SECTION 4509.05 OF THE REVISED CODE. 4,626
(J) THE DIRECTOR SHALL PROVIDE EACH APPLICANT WITH A COPY 4,628
OF ANY REPORT OR ABSTRACT OBTAINED ABOUT THE APPLICANT UNDER THIS 4,629
SECTION. 4,630
(K)(1) THE DIRECTOR SHALL INFORM EACH PERSON, AT THE TIME 4,632
OF THE PERSON'S INITIAL APPLICATION FOR EMPLOYMENT, THAT THE 4,633
PERSON IS REQUIRED TO PROVIDE A SET OF IMPRESSIONS OF THE 4,634
PERSON'S FINGERPRINTS AND THAT A CRIMINAL RECORDS CHECK IS 4,635
REQUIRED TO BE CONDUCTED AND SATISFACTORILY COMPLETED IN 4,636
ACCORDANCE WITH SECTION 109.572 OF THE REVISED CODE IF THE PERSON 4,637
COMES UNDER FINAL CONSIDERATION FOR EMPLOYMENT AS A PRECONDITION 4,638
TO EMPLOYMENT IN A POSITION. 4,639
(2) THE DIRECTOR MAY EMPLOY AN APPLICANT PENDING RECEIPT 4,641
OF REPORTS REQUESTED UNDER THIS SECTION. THE DIRECTOR SHALL 4,642
107
TERMINATE EMPLOYMENT OF ANY SUCH APPLICANT IF IT IS DETERMINED 4,643
FROM THE REPORTS THAT THE APPLICANT FAILED TO INFORM THE DIRECTOR 4,644
THAT THE APPLICANT HAD BEEN CONVICTED OF OR PLEADED GUILTY TO ANY 4,645
OF THE OFFENSES LISTED OR DESCRIBED IN DIVISION (E) OF THIS 4,646
SECTION. 4,647
(L) THE DIRECTOR MAY CHARGE AN APPLICANT A FEE FOR COSTS 4,649
THE DIRECTOR INCURS IN OBTAINING REPORTS, ABSTRACTS, OR 4,650
FINGERPRINT IMPRESSIONS UNDER THIS SECTION. A FEE CHARGED UNDER 4,651
THIS DIVISION SHALL NOT EXCEED THE AMOUNT OF THE FEES THE 4,652
DIRECTOR PAYS UNDER DIVISIONS (G) AND (I) OF THIS SECTION. IF A 4,653
FEE IS CHARGED UNDER THIS DIVISION, THE DIRECTOR SHALL NOTIFY THE 4,654
APPLICANT OF THE AMOUNT OF THE FEE AT THE TIME OF THE APPLICANT'S 4,655
INITIAL APPLICATION FOR EMPLOYMENT AND THAT, UNLESS THE FEE IS 4,656
PAID, THE DIRECTOR WILL NOT CONSIDER THE APPLICANT FOR 4,657
EMPLOYMENT.
(M) THE DIRECTOR SHALL ADOPT RULES IN ACCORDANCE WITH 4,660
CHAPTER 119. OF THE REVISED CODE TO IMPLEMENT THIS SECTION, 4,661
INCLUDING RULES SPECIFYING CIRCUMSTANCES UNDER WHICH THE DIRECTOR
MAY EMPLOY A PERSON WHO HAS BEEN CONVICTED OF OR PLEADED GUILTY 4,662
TO AN OFFENSE LISTED OR DESCRIBED IN DIVISION (E) OF THIS SECTION 4,664
BUT WHO MEETS STANDARDS IN REGARD TO REHABILITATION SET BY THE 4,665
DIRECTOR.
Sec. 5123.082. (A) The director of mental retardation and 4,674
developmental disabilities shall adopt rules in accordance with 4,675
Chapter 119. of the Revised Code: 4,676
(1) Designating positions of employment for which the 4,678
director determines that certification or evidence of 4,679
registration is required as a condition of employment in the 4,680
department of mental retardation and developmental disabilities, 4,681
entities that contract with the department or county boards of 4,682
mental retardation and developmental disabilities to operate 4,683
programs or provide services to individuals PERSONS with mental 4,684
retardation and developmental disabilities, or other positions of 4,686
employment in programs that serve such individuals THOSE PERSONS; 4,687
108
(2) Establishing levels of certification or registration 4,689
for each position for which certification or registration is 4,690
required;
(3) Establishing for each level of each position the 4,692
requirements that must be met to obtain certification or 4,693
registration, including standards regarding education, 4,694
specialized training, and experience. The standards shall take 4,695
into account the nature and needs of mentally retarded and 4,696
developmentally disabled persons WITH MENTAL RETARDATION OR 4,697
ANOTHER DEVELOPMENTAL DISABILITY and the specialized techniques 4,698
needed to serve them.
(4) Establishing renewal schedules and renewal 4,700
requirements for certification and registration, including 4,701
standards regarding education, specialized training, and 4,703
experience;
(5) Establishing procedures for denial, suspension, and 4,705
revocation of a certificate or evidence of registration, 4,706
including appeal procedures; 4,707
(6) Establishing other requirements needed to carry out 4,709
this section. 4,710
(B) The director shall issue, renew, deny, suspend, or 4,712
revoke a certificate or evidence of registration in accordance 4,714
with rules adopted under this section. The director shall deny, 4,715
suspend, or revoke a certificate or evidence of registration if 4,716
the director finds, pursuant to an adjudication conducted in 4,717
accordance with Chapter 119. of the Revised Code, that an 4,718
applicant for or holder of a certificate or evidence of 4,719
registration is guilty of intemperate, immoral, or other conduct 4,720
unbecoming to the applicant's or holder's position, or is guilty 4,721
of incompetence or negligence within the scope of the applicant's 4,722
or holder's duties. The director shall deny or revoke a 4,723
certificate or evidence of registration after the director finds,
pursuant to an adjudication conducted in accordance with Chapter 4,724
119. of the Revised Code, that the applicant for or holder of the 4,725
109
certificate or evidence of registration has been convicted of or 4,726
pleaded guilty to any of the offenses LISTED OR described in 4,727
division (E) of section 5126.28 of the Revised Code, unless the 4,728
individual meets standards for rehabilitation that the director 4,729
establishes in the rules adopted under that section. Evidence 4,730
supporting such allegations must be presented to the director in 4,731
writing, and the director shall provide prompt notice of the 4,733
allegations to the person who is the subject of the allegations. 4,734
A denial, suspension, or revocation may be appealed in accordance 4,735
with the procedures established in rules adopted under this 4,736
section.
(C) A person holding a valid certificate or evidence of 4,738
registration under this section on the effective date of any 4,739
rules adopted under this section that increase the certification 4,740
or registration standards shall have such THE period as THAT the 4,741
rules prescribe, but not less than one year after the effective 4,743
date of the rules, to meet the new standards.
(D) No person shall be employed in a position for which 4,745
certification or registration is required under rules adopted 4,746
under this section, unless the person holds a valid certificate 4,747
or evidence of registration for the position. 4,748
Sec. 5123.09. Subject to the rules of the department of 4,757
mental retardation and developmental disabilities, each 4,758
institution under the jurisdiction of the department shall be 4,759
under the control of a managing officer to be known as a 4,760
superintendent or by other appropriate title. Such THE managing 4,761
officer shall be appointed by the director of mental retardation 4,762
and developmental disabilities, and shall be in the unclassified 4,763
service and serve at the pleasure of the director. Each managing 4,764
officer shall be of good moral character and have skill, ability, 4,765
and experience in his THE MANAGING OFFICER'S profession. 4,766
Appointment to the position of managing officer of an institution 4,768
may be made from persons holding positions in the classified 4,769
service in the department.
110
The managing officer, under the director, shall have entire 4,771
executive charge of the institution for which such THE managing 4,772
officer is appointed, execpt EXCEPT as provided in section 4,773
5119.16 of the Revised Code. Subject to civil service rules and 4,774
rules adopted by the department, the managing officer shall 4,775
appoint the necessary employees, and he THE MANAGING OFFICER or 4,777
the director may remove such THOSE employees for cause. If 4,779
required by the director of mental retardation and developmental 4,781
disabilities, the managing officers shall reside in the 4,782
institution in which they are employed and devote their entire 4,783
time to the interests of their particular institution. A report 4,784
of all appointments, resignations, and discharges shall be filed 4,785
with the appropriate division at the close of each month. 4,786
After conference with the managing officer of each 4,788
institution, the director shall determine the number of employees 4,789
to be appointed to the various institutions and clinics. 4,790
Sec. 5123.092. (A) There is hereby established at each 4,799
institution and branch institution under the control of the 4,800
department of mental retardation and developmental disabilities a 4,801
citizen's advisory council consisting of thirteen SEVEN members. 4,802
At least seven FOUR of the members shall be persons who are not 4,804
providers of mental retardation services. Each council shall 4,806
include parents or other relatives of residents of institutions 4,808
under the control of the department, community leaders, 4,809
professional persons in relevant fields, and persons who have an 4,810
interest in or knowledge of mental retardation. The managing 4,811
officer of the institution shall be a nonvoting member of the 4,812
council.
(B) Except as otherwise provided in this division, the THE 4,814
director of mental retardation and developmental disabilities 4,815
shall be the appointing authority for the voting members of each 4,816
citizen's advisory council. Each time the term of a voting 4,817
member expires, the remaining members of the council shall 4,818
recommend to the director one or more persons to serve on the 4,819
111
council. The director may accept a nominee of the council or 4,820
reject the nominee or nominees. If the director rejects the
nominee or nominees, the joint council on mental retardation and 4,821
developmental disabilities created by section 101.37 of the 4,823
Revised Code shall either appoint a person recommended by the 4,824
advisory council or reject the nominee or nominees. If the 4,825
joint council rejects the nominee or nominees, the remaining 4,826
members of the advisory council shall FURTHER recommend to the 4,827
director one or more other persons to serve on the advisory 4,829
council. This procedure shall continue until a member is 4,830
appointed to the advisory council. The joint council on mental 4,831
retardation and developmental disabilities shall appoint the
original voting members of any citizen's advisory council created 4,832
after November 15, 1981. Thereafter, the director of mental 4,833
retardation and developmental disabilities shall appoint members 4,834
of the advisory council in accordance with this division. Each 4,835
EACH advisory council shall elect from its twelve appointed 4,838
members a chairperson, vice-chairperson, and a secretary to serve 4,840
for terms of one year. Advisory council officers shall not serve 4,841
for more than two consecutive terms in the same office. A
majority of the advisory council members constitutes a quorum. 4,842
(C) Terms of office of the original twelve appointees 4,844
shall be as follows: 4,845
(1) Four members, at least three of whom shall be persons 4,847
who are not providers of mental retardation services, shall be 4,848
appointed for a period of one year; 4,849
(2) Four members, at least two of whom shall be persons 4,851
who are not providers of mental retardation services, shall be 4,852
appointed for a period of two years; 4,853
(3) Four members, at least two of whom shall be persons 4,855
who are not providers of mental retardation services, shall be 4,856
appointed for a period of three years. 4,857
Thereafter, terms of office shall be for three years, each 4,859
term ending on the same day of the same month of the year as did 4,860
112
the term which it succeeds. No member shall serve more than two 4,861
consecutive terms, except that any former member may be appointed 4,862
if one year or longer has elapsed since the member served two 4,863
consecutive terms. Each member shall hold office from the date 4,864
of appointment until the end of the term for which the member was 4,865
appointed. Any vacancy shall be filled in the same manner in 4,866
which the original appointment was made, and the appointee to a 4,867
vacancy in an unexpired term shall serve the balance of the term 4,868
of the original appointee. Any member shall continue in office 4,869
subsequent to the expiration date of the member's term until the 4,871
member's successor takes office, or until a period of sixty days 4,872
has elapsed, whichever occurs first.
(D) Members shall be expected to attend all meetings of 4,874
the advisory council. Unexcused absence from two successive 4,875
regularly scheduled meetings shall be considered prima-facie 4,876
evidence of intent not to continue as a member. The chairperson 4,877
of the board shall, after a member has been absent for two 4,878
successive regularly scheduled meetings, direct a letter to the 4,879
member asking if the member wishes to remain in membership. If 4,880
an affirmative reply is received, the member shall be retained as 4,882
a member except that, if, after having expressed a desire to
remain a member, the member then misses a third successive 4,883
regularly scheduled meeting without being excused, the 4,884
chairperson shall terminate the member's membership. 4,885
(E) The A citizen's advisory councils COUNCIL shall meet 4,888
six times annually, or more frequently if three council members 4,889
request the chairperson to call a meeting. The council shall 4,890
keep minutes of each meeting and shall submit them to the 4,891
managing officer of the institution with which the council is 4,892
associated, the department of mental retardation and 4,893
developmental disabilities, and the legal rights service.
(F) Members of citizen's advisory councils shall receive 4,895
no compensation for their services, except that they shall be 4,896
reimbursed for their actual and necessary expenses incurred in 4,897
113
the performance of their official duties by the institution with 4,898
which they are associated from funds allocated to it, provided 4,899
that reimbursement for such THOSE expenses shall not exceed 4,900
limits imposed upon the department of mental retardation and 4,902
developmental disabilities by administrative rules regulating 4,903
travel within this state. 4,904
(G) The councils shall have reasonable access to all 4,906
patient treatment and living areas and records of the 4,907
institution, except those records of a strictly personal or 4,908
confidential nature. The councils shall have access to a 4,909
patient's personal records with the consent of the patient or the 4,910
patient's legal guardian or, if the patient is a minor, with the 4,911
consent of the parent or legal guardian of the patient. 4,912
(H) As used in this section, "branch institution" means a 4,914
facility that is located apart from an institution and is under 4,915
the control of the managing officer of the institution. 4,916
Sec. 5123.11. (A) The director of mental retardation and 4,925
developmental disabilities shall MAY enter into an agreement with 4,927
the boards of trustees or boards of directors of two or more 4,928
universities in which there is a college of medicine or college 4,929
of osteopathic medicine, or of two or more colleges of medicine 4,930
or colleges of osteopathic medicine, or any combination thereof 4,931
OF THOSE UNIVERSITIES AND COLLEGES, to establish, manage, and 4,933
conduct residency medical training programs. The agreement may 4,934
also provide for clinical clerkships for medical students. The 4,935
director shall also enter into an agreement with the boards of 4,936
trustees or boards of directors of one or more universities in 4,937
which there is a school of professional psychology to establish, 4,938
manage, and conduct residency psychological training programs. 4,939
(B) The department shall pay all costs incurred by a 4,941
university or college that relate directly to the training of 4,942
resident physicians or psychologists in programs developed under 4,943
this section. The director of mental retardation and 4,944
developmental disabilities shall ensure that any procedures and 4,946
114
limitations imposed for the purpose of reimbursing universities 4,947
or colleges, or for direct payment of residents' salaries, are 4,948
incorporated into agreements between the department and the 4,949
universities or colleges. Any agreement shall provide that 4,950
residency training for a physician shall not exceed four calendar 4,951
years.
Sec. 5123.17. The department of mental retardation and 4,960
developmental disabilities may provide for the custody, 4,961
supervision, control, treatment, and training of mentally 4,962
retarded or developmentally disabled persons WITH MENTAL 4,963
RETARDATION OR ANOTHER DEVELOPMENTAL DISABILITY elsewhere than 4,964
within the enclosure of an institution under its jurisdiction, if
the department so determines with respect to any individual or 4,965
group of individuals. In all such cases, the department shall 4,966
ensure adequate and proper supervision for the protection of such 4,967
THOSE persons and of the public. 4,968
Sec. 5123.18. (A) As used in this section: 4,977
(1) "Contractor" means a person or government agency that 4,979
enters into a contract with the department of mental retardation 4,980
and developmental disabilities under this section. 4,981
(2) "Government agency" means a state agency as defined in 4,983
section 117.01 of the Revised Code or a similar agency of a 4,984
political subdivision of the state. 4,985
(3) "Residential services" means the services necessary 4,987
for an individual with mental retardation or a developmental 4,988
disability to live in the community, including room and board, 4,989
clothing, transportation, personal care, habilitation, 4,990
supervision, and any other services the department considers 4,991
necessary for the individual to live in the community. 4,992
(B)(1) The department of mental retardation and 4,994
developmental disabilities may enter into a contract with a 4,995
person or government agency to provide residential services to 4,996
individuals with mental retardation or developmental disabilities 4,997
in need of residential services. Contracts for residential 4,998
115
services shall be of the following types: 4,999
(a) Companion home contracts - contracts under which the 5,001
contractor is an individual, the individual is the primary 5,002
caregiver, and the individual owns or leases and resides in the 5,003
home in which the services are provided. 5,004
(b) Agency-operated companion home contracts - contracts 5,006
under which the contractor subcontracts, for purposes of 5,007
coordinating the provision of residential services, with one or 5,008
more individuals who are primary caregivers and own or lease and 5,009
reside in the homes in which the services are provided. 5,010
(c) Community home contracts - contracts for residential 5,012
services under which the contractor owns or operates a home that 5,013
is used solely to provide residential services. 5,014
(d) Combined agency-operated companion home and community 5,016
home contracts. 5,017
(2) A companion home contract shall cover not more than 5,019
one home. An agency-operated companion home contract or a 5,020
community home contract may cover more than one home. 5,021
(C) Contracts shall be in writing and shall provide for 5,023
payment to be made to the contractor at the times agreed to by 5,024
the department and the contractor. Each contract shall specify 5,025
the period during which it is valid, the amount to be paid for 5,026
residential services, and the number of individuals for whom 5,027
payment will be made. Contracts may be renewed. 5,028
(D) To be eligible to enter into a contract with the 5,030
department under this section, the person or government agency 5,031
and the home in which the residential services are provided must 5,032
meet all applicable standards for licensing or certification by 5,033
the appropriate government agency. In addition, if the 5,034
residential facility is operated as a nonprofit entity, the 5,035
members of the board of trustees or board of directors of the 5,036
facility must not have a financial interest in or receive 5,037
financial benefit from the facility, other than reimbursement for 5,038
actual expenses incurred in attending board meetings. 5,039
116
A home with a companion home contract or an agency operated 5,041
companion home contract that has five or fewer residents with 5,042
mental retardation or a developmental disability is a foster 5,043
family home as defined in section 5123.19 of the Revised Code. 5,044
(E)(1) The department shall determine the payment amount 5,046
assigned to an initial contract. To the extent that the 5,047
department determines sufficient funds are available, the payment 5,048
amount assigned to an initial contract shall be equal to the 5,049
average amount assigned to contracts for other homes that are of 5,050
the same type and size and serve individuals with similar needs, 5,051
except that if an initial contract is the result of a change of 5,052
contractor or ownership, the payment amount assigned to the 5,053
contract shall be the lesser of the amount assigned to the 5,054
previous contract or the contract's total adjusted predicted 5,055
funding need calculated under division (I) of this section. 5,056
(2) A renewed contract shall be assigned a payment amount 5,058
in accordance with division (K) of this section. 5,059
(3) When a contractor relocates a home to another site at 5,061
which residential services are provided to the same individuals, 5,062
the payment amount assigned to the contract for the new home 5,063
shall be the payment amount assigned to the contract at the 5,064
previous location. 5,065
(F)(1) Annually, a contractor shall complete an assessment 5,067
of each individual to whom the contractor provides residential 5,068
services to predict the individual's need for routine direct 5,069
services staff. The department shall establish by rule adopted 5,070
in accordance with Chapter 119. of the Revised Code the 5,071
assessment instrument to be used by contractors to make 5,072
assessments. Assessments shall be submitted to the department 5,073
not later than the thirty-first day of January of each year. 5,074
A contractor shall submit a revised assessment for an 5,076
individual if there is a substantial, long-term change in the 5,077
nature of the individual's needs. A contractor shall submit 5,078
revised assessments for all individuals receiving residential 5,079
117
services if there is a change in the composition of the home's 5,080
residents. 5,081
(2) Annually, a contractor shall submit a cost report to 5,083
the department specifying the costs incurred in providing 5,084
residential services during the immediately preceding calendar 5,085
year. Only costs actually incurred by a contractor shall be 5,086
reported on a cost report. Cost reports shall be prepared 5,087
according to a uniform chart of accounts approved by the 5,088
department and shall be submitted on forms prescribed by the 5,089
department. 5,090
(3) The department shall not renew the contract held by a 5,092
contractor who fails to submit the assessments or cost reports 5,093
required under this division. 5,094
(4) The department shall adopt rules as necessary 5,096
regarding the submission of assessments and cost reports under 5,097
this division. The rules shall be adopted in accordance with 5,098
Chapter 119. of the Revised Code. 5,099
(G) Prior to renewing a contract entered into under this 5,101
section, the department shall compute the contract's total 5,102
predicted funding need and total adjusted predicted funding need. 5,103
The department shall also compute the contract's unmet funding 5,104
need if the payment amount assigned to the contract is less than 5,105
the total adjusted predicted funding need. The results of these 5,106
calculations shall be used to determine the payment amount 5,107
assigned to the renewed contract. 5,108
(H)(1) A contract's total predicted funding need is an 5,110
amount equal to the sum of the predicted funding needs for the 5,111
following cost categories: 5,112
(a) Routine direct services staff; 5,114
(b) Dietary, program supplies, and specialized staff; 5,116
(c) Facility and general services; 5,118
(d) Administration. 5,120
(2) Based on the assessments submitted by the contractor, 5,122
the department shall compute the contract's predicted funding 5,123
118
need for the routine direct services staff cost category by 5,124
multiplying the number of direct services staff predicted to be 5,125
necessary for the home by the sum of the following: 5,126
(a) Entry level wages paid during the immediately 5,128
preceding cost reporting period to comparable staff employed by 5,129
the county board of mental retardation and developmental 5,130
disabilities of the county in which the home is located; 5,131
(b) Fringe benefits and payroll taxes as determined by the 5,133
department using state civil service statistics from the same 5,134
period as the cost reporting period. 5,135
(3) The department shall establish by rule adopted in 5,137
accordance with Chapter 119. of the Revised Code the method to be 5,138
used to compute the predicted funding need for the dietary, 5,139
program supplies, and specialized staff cost category; the 5,140
facility and general services cost category; and the 5,141
administration cost category. The rules shall not establish a 5,142
maximum amount that may be attributed to the dietary, program 5,143
supplies, and specialized staff cost category. The rules shall 5,144
establish a process for determining the combined maximum amount 5,145
that may be attributed to the facility and general services cost 5,146
category and the administration cost category. 5,147
(I)(1) A contract's total adjusted predicted funding need 5,149
is the contract's total predicted funding need with adjustments 5,150
made for the following: 5,151
(a) Inflation, as provided under division (I)(2) of this 5,153
section; 5,154
(b) The predicted cost of complying with new requirements 5,156
established under federal or state law that were not taken into 5,157
consideration when the total predicted funding need was computed; 5,158
(c) Changes in needs based on revised assessments 5,160
submitted by the contractor. 5,161
(2) In adjusting the total predicted funding need for 5,163
inflation, the department shall use either the consumer price 5,164
index compound annual inflation rate calculated by the United 5,165
119
States department of labor for all items or another index or 5,166
measurement of inflation designated in rules that the department 5,167
shall adopt in accordance with Chapter 119. of the Revised Code. 5,168
When a contract is being renewed for the first time, and 5,170
the contract is to begin on the first day of July, the inflation 5,171
adjustment applied to the contract's total predicted funding need 5,172
shall be the estimated rate of inflation for the calendar year in 5,173
which the contract is renewed. If the consumer price index is 5,174
being used, the department shall base its estimate on the rate of 5,175
inflation calculated for the three-month period ending the 5,176
thirty-first day of March of that calendar year. If another 5,177
index or measurement is being used, the department shall base its 5,178
estimate on the most recent calculations of the rate of inflation 5,179
available under the index or measurement. Each year thereafter, 5,180
the inflation adjustment shall be estimated in the same manner, 5,181
except that if the estimated rate of inflation for a year is 5,182
different from the actual rate of inflation for that year, the 5,183
difference shall be added to or subtracted from the rate of 5,184
inflation estimated for the next succeeding year. 5,185
If a contract begins at any time other than July first, the 5,187
inflation adjustment applied to the contract's total predicted 5,188
funding need shall be determined by a method comparable to that 5,189
used for contracts beginning July first. The department shall 5,190
adopt rules in accordance with Chapter 119. of the Revised Code 5,191
establishing the method to be used. 5,192
(J) A contract's unmet funding need is the difference 5,194
between the payment amount assigned to the contract and the total 5,195
adjusted predicted funding need, if the payment amount assigned 5,196
is less than the total adjusted predicted funding need. 5,197
(K) The payment amount to be assigned to a contract being 5,199
renewed shall be determined by comparing the total adjusted 5,200
predicted funding need with the payment amount assigned to the 5,201
current contract. 5,202
(1) If the payment amount assigned to the current contract 5,204
120
equals or exceeds the total adjusted predicted funding need, the 5,205
payment amount assigned to the renewed contract shall be the same 5,206
as that assigned to the current contract, unless a reduction is 5,207
made pursuant to division (L) of this section. 5,208
(2) If the payment amount assigned to the current contract 5,210
is less than the total adjusted predicted funding need, the 5,211
payment amount assigned to the renewed contract shall be 5,212
increased if the department determines that funds are available 5,213
for such increases. The amount of a contract's increase shall be 5,214
the same percentage of the available funds that the contract's 5,215
unmet funding need is of the total of the unmet funding need for 5,216
all contracts. 5,217
(L) When renewing a contract provided for in division (B) 5,219
of this section other than a companion home contract, the 5,220
department may reduce the payment amount assigned to a renewed 5,221
contract if the sum of the contractor's allowable reported costs 5,222
and the maximum efficiency incentive is less than ninety-one and 5,223
one-half per cent of the amount received pursuant to this section 5,224
during the immediately preceding contract year. 5,225
The department shall adopt rules in accordance with Chapter 5,227
119. of the Revised Code establishing a formula to be used in 5,228
computing the maximum efficiency incentive, which shall be at 5,229
least four per cent of the weighted average payment amount to be 5,230
made to all contractors during the contract year. The maximum 5,231
efficiency incentive shall be computed annually. 5,232
(M) The department may increase the payment amount 5,234
assigned to a contract based on the contract's unmet funding need 5,235
at times other than when the contract is renewed. The department 5,236
may develop policies for determining priorities in making such 5,237
increases. 5,238
(N)(1) In addition to the contracts provided for in 5,240
division (B) of this section, the department may enter into the 5,241
following contracts: 5,242
(a) A contract to pay the cost of beginning operation of a 5,244
121
new home that is to be funded under a companion home contract, 5,245
agency-operated companion home contract, community home contract, 5,246
or combined agency-operated companion home and community home 5,247
contract. 5,248
(b) A contract to pay the cost associated with increasing 5,250
the number of individuals served by a home funded under a 5,251
companion home contract, agency-operated companion home contract, 5,252
community home contract, or combined agency-operated companion 5,253
home and community home contract. 5,254
(2) The department shall adopt rules as necessary 5,256
regarding contracts entered into under this division. The rules 5,257
shall be adopted in accordance with Chapter 119. of the Revised 5,258
Code. 5,259
(O) Except for companion home contracts, the department 5,261
shall conduct a reconciliation of the amount earned under a 5,262
contract and the actual costs incurred by the contractor. An 5,263
amount is considered to have been earned for delivering a service 5,264
at the time the service is delivered. The department shall adopt 5,265
rules in accordance with Chapter 119. of the Revised Code 5,266
establishing procedures for conducting reconciliations. 5,267
A reconciliation shall be based on the annual cost report 5,269
submitted by the contractor. If a reconciliation reveals that a 5,270
contractor owes money to the state, the amount owed shall be 5,271
collected in accordance with section 5123.183 5123.051 of the 5,272
Revised Code. 5,273
When conducting reconciliations, the department shall 5,275
review all reported costs that may be affected by transactions 5,276
required to be reported under division (B)(3) of section 5123.172 5,277
of the Revised Code. If the department determines that such 5,278
transactions have increased the cost reported by a contractor, 5,279
the department may disallow or adjust the cost allowable for 5,280
payment. The department shall adopt rules in accordance with 5,281
Chapter 119. of the Revised Code establishing standards for 5,282
disallowances or adjustments. 5,283
122
(P) The department may audit the contracts it enters into 5,286
under this section. Audits may be conducted by the department or 5,287
an entity with which the department contracts to perform the 5,288
audits. The department shall adopt rules in accordance with 5,289
Chapter 119. of the Revised Code establishing procedures for 5,290
conducting audits. 5,291
An audit may include the examination of a contractor's 5,293
financial books and records, the costs incurred by a contractor 5,294
in providing residential services, and any other relevant 5,295
information specified by the department. An audit shall not be 5,296
commenced more than four years after the expiration of the 5,297
contract to be audited, except in cases where the department has 5,298
reasonable cause to believe that a contractor has committed 5,299
fraud. 5,300
If an audit reveals that a contractor owes money to the 5,302
state, the amount owed, subject to an adjudication hearing under 5,303
this division, shall be collected in accordance with section 5,304
5123.183 5123.051 of the Revised Code. If an audit reveals that 5,306
a reconciliation conducted under this section resulted in the
contractor erroneously paying money to the state, the department 5,307
shall refund the money to the contractor, or, in lieu of making a 5,308
refund, the department may offset the erroneous payment against 5,309
any money determined as a result of the audit to be owed by the 5,310
contractor to the state. The department is not required to pay 5,311
interest on any money refunded under this division. 5,312
In conducting audits or making determinations of amounts 5,314
owed by a contractor and amounts to be refunded or offset, the 5,315
department shall not be bound by the results of reconciliations 5,316
conducted under this section, except with regard to cases 5,317
involving claims that have been certified pursuant to section 5,318
5123.183 5123.051 of the Revised Code to the attorney general for 5,320
collection for which a full and final settlement has been reached
or a final judgment has been made from which all rights of appeal 5,321
have expired or been exhausted. 5,322
123
Not later than ninety days after an audit's completion, the 5,324
department shall provide the contractor a copy of a report of the 5,325
audit. The report shall state the findings of the audit, 5,326
including the amount of any money the contractor is determined to 5,327
owe the state. 5,328
Until November 9, 1996, a contractor may request that the 5,331
department conduct an adjudication hearing concerning an audit 5,332
report that states the contractor owes the state money. The 5,333
contractor shall specify in the request the audit findings the 5,334
contractor contests. At the contractor's request, the department 5,336
shall conduct an adjudication hearing in accordance with Chapter 5,337
119. of the Revised Code. If a hearing officer rules in the 5,338
department's favor on each audit finding that the contractor 5,339
contests, the department may request the hearing officer to 5,340
determine whether the request for the adjudication hearing was 5,341
frivolous. If the hearing officer determines the request was 5,342
frivolous, the contractor shall, notwithstanding section 119.09 5,343
of the Revised Code, pay the fees and expenses charged or 5,344
incurred by the hearing officer and court reporter in conducting 5,345
the adjudication hearing.
No contractor may request an adjudication hearing after 5,348
November 9, 1996. An adjudication hearing requested before 5,349
November 9, 1996, may proceed after November 9, 1996. 5,350
(Q) The department shall adopt rules specifying the amount 5,352
that will be allowed under a reconciliation or audit for the cost 5,353
incurred by a contractor for compensation of owners, 5,354
administrators, and other personnel. The rules shall be adopted 5,355
in accordance with Chapter 119. of the Revised Code. 5,356
(R) Each contractor shall, for at least seven years, 5,358
maintain fiscal records related to payments received pursuant to 5,359
this section. 5,360
(S) The department may enter into shared funding 5,362
agreements with other government agencies to fund contracts 5,363
entered into under this section. The amount of each agency's 5,364
124
share of the cost shall be determined through negotiations with 5,365
the department. The department's share shall not exceed the 5,366
amount it would have paid without entering into the shared 5,367
funding agreement, nor shall it be reduced by any amounts 5,368
contributed by the other parties to the agreement. 5,369
(T) Except as provided in section 5123.194 of the Revised 5,371
Code, an individual who receives residential services pursuant to 5,373
divisions (A) through (U) of this section and the individual's 5,374
liable relatives or guardians shall pay support charges in 5,376
accordance with Chapter 5121. of the Revised Code. 5,377
(U) The department may make reimbursements or payments for 5,379
any of the following pursuant to rules adopted under this 5,380
division: 5,381
(1) Unanticipated, nonrecurring costs associated with the 5,383
health or habilitation of a person who resides in a home funded 5,384
under a contract provided for in division (B) of this section; 5,385
(2) The cost of staff development training for contractors 5,387
if the director of mental retardation and developmental 5,388
disabilities has given prior approval for the training; 5,389
(3) Fixed costs that the department, pursuant to the 5,391
rules, determines relate to the continued operation of a home 5,392
funded under a contract provided for in division (B) of this 5,393
section when a short term vacancy occurs and the contractor has 5,394
diligently attempted to fill the vacancy. 5,395
The department shall adopt rules in accordance with Chapter 5,397
119. of the Revised Code establishing standards for use in 5,398
determining which costs it may make payment or reimbursements for 5,399
under this division. 5,400
(V) In addition to the rules required or authorized to be 5,402
adopted under this section, the department may adopt any other 5,403
rules necessary to implement divisions (A) through (U) of this 5,405
section. The rules shall be adopted in accordance with Chapter 5,406
119. of the Revised Code.
(W) The department may delegate to county boards of mental 5,409
125
retardation and developmental disabilities its authority under
this section to negotiate and enter into contracts or 5,411
subcontracts for residential services. In the event that it 5,413
elects to delegate its authority, the department shall adopt 5,414
rules in accordance with Chapter 119. of the Revised Code for the 5,417
boards' administration of the contracts or subcontracts. In
administering the contracts or subcontracts, the boards shall be 5,418
subject to all applicable provisions of Chapter 5126. of the 5,420
Revised Code and shall not be subject to the provisions of 5,422
divisions (A) to (V) of this section. 5,424
Subject to the department's rules, a board may require the 5,427
following to contribute to the cost of the residential services 5,428
an individual receives pursuant to this division: the individual 5,429
or the individual's estate, the individual's spouse, the 5,430
individual's guardian, and, if the individual is under age
eighteen, either or both of the individual's parents. Chapter 5,431
5121. of the Revised Code shall not apply to individuals or 5,433
entities that are subject to making contributions under this 5,434
division. In calculating contributions to be made under this 5,435
division, a board, subject to the department's rules, may allow 5,436
an amount to be kept for meeting the personal needs of the 5,437
individual who receives residential services.
Sec. 5123.181. The director of mental retardation and 5,446
developmental disabilities and the director of job and family 5,448
services shall, in concert with each other, eliminate all double 5,449
billings and double payments for services on behalf of mentally 5,450
retarded and developmentally disabled persons WITH MENTAL 5,451
RETARDATION OR ANOTHER DEVELOPMENTAL DISABILITY in intermediate 5,452
care facilities. The department of mental retardation and 5,453
developmental disabilities may enter into contracts with 5,454
providers of services for the purpose of making payments to such 5,455
THE providers for services rendered to eligible clients who are 5,457
mentally retarded or developmentally disabled persons WITH MENTAL 5,458
RETARDATION OR ANOTHER DEVELOPMENTAL DISABILITY over and above 5,460
126
the services authorized and paid under Chapter 5111. of the
Revised Code. Payments authorized under this section and section 5,461
5123.18 of the Revised Code shall not be subject to audit 5,462
findings pursuant to Chapter 5111. of the Revised Code, unless 5,463
such AN audit determines that payment was made to the provider 5,464
for services that were not rendered in accordance with the 5,466
provisions of the provider agreement entered into with the 5,467
department of job and family services or the department of mental 5,468
retardation and developmental disabilities pursuant to this 5,469
section.
Sec. 5123.19. (A) As used in this section and in sections 5,479
5123.191, 5123.194, and 5123.20 of the Revised Code: 5,480
(1) "Residential facility" means a home or facility in 5,482
which a mentally retarded or developmentally disabled person 5,483
resides, except the home of a relative or legal guardian in which 5,484
a mentally retarded or developmentally disabled person resides, a 5,485
respite care home certified under section 5126.05 of the Revised 5,486
Code, a county home or district home operated pursuant to Chapter 5,487
5155. of the Revised Code, or a dwelling in which the only 5,488
mentally retarded or developmentally disabled residents are in an 5,489
independent living arrangement or are being provided supported 5,490
living. 5,491
(2) "Family home" means a residential facility that 5,493
provides room and board, personal care, habilitation services, 5,494
and supervision in a family setting for at least six but not more 5,495
than eight mentally retarded or developmentally disabled persons. 5,496
(3) "Group home" means a residential facility that 5,498
provides room and board, personal care, habilitation services, 5,499
and supervision in a family setting for at least nine but not 5,500
more than sixteen mentally retarded or developmentally disabled 5,501
persons. 5,502
(4) "Political subdivision" means a municipal corporation, 5,504
county, or township. 5,505
(5) "Foster family home" means a residential facility that 5,507
127
provides room and board, personal care, habilitation services, 5,508
and supervision in a family setting for not more than five 5,509
mentally retarded or developmentally disabled persons. 5,510
(6) "Semi-independent living home" means a residential 5,512
facility for a mentally retarded or developmentally disabled 5,513
person where, according to the person's individual habilitation 5,515
plan, the person demonstrates skills that would enable the person 5,516
to function for specified periods of time without supervision. 5,517
Such skills include, but are not limited to, home management, 5,518
community mobility, personal hygiene, interpersonal relationship 5,519
skills, and self-preservation. 5,520
(7)(3) "Independent living arrangement" means an 5,522
arrangement in which a mentally retarded or developmentally 5,523
disabled person resides in an individualized setting chosen by 5,524
the person or the person's guardian, which is not dedicated 5,526
principally to the provision of residential services for mentally 5,527
retarded or developmentally disabled persons, and for which no 5,528
financial support is received for rendering such service from any 5,529
governmental agency by a provider of residential services. 5,530
(8)(4) "Supported living" has the same meaning as in 5,532
section 5126.01 of the Revised Code. 5,533
(9)(5) "Licensee" means the person or government agency 5,535
that has applied for a license to operate a residential facility 5,536
and to which the license was issued under this section. 5,537
(B) Every person or government agency desiring to operate 5,539
a residential facility shall apply for licensure of the facility 5,540
to the director of mental retardation and developmental 5,541
disabilities unless the residential facility is subject to 5,542
section 3721.02, 3722.04, 5103.03, or 5119.20 of the Revised 5,543
Code. Notwithstanding Chapter 3721. of the Revised Code, a 5,544
nursing home that is certified as an intermediate care facility 5,545
for the mentally retarded under Title XIX of the "Social Security 5,546
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, shall 5,547
apply for licensure of the portion of the home that is certified 5,548
128
as an intermediate care facility for the mentally retarded. 5,549
(C) The director of mental retardation and developmental 5,551
disabilities shall license and inspect the operation of 5,552
residential facilities. The director may deny or revoke such 5,553
licenses. 5,554
Except as provided in divisions (G) and (O) of this 5,556
section, a license is valid until it is revoked or voluntarily 5,557
surrendered. Appeals from proceedings initiated to deny 5,558
applications for licenses or to revoke licenses shall be 5,559
conducted in accordance with Chapter 119. of the Revised Code. 5,560
In accordance with Chapter 119. of the Revised Code, the 5,562
director shall adopt and may amend and rescind rules for 5,563
licensing and regulating the operation of residential facilities. 5,564
The rules shall establish the following: 5,565
(1) Procedures for issuing, denying, and revoking 5,567
licenses; 5,568
(2) Fees for issuing licenses; 5,570
(3) Procedures for the inspection of residential 5,572
facilities; 5,573
(4) Requirements for the training of residential facility 5,575
personnel; 5,576
(5) Classifications for the various types of residential 5,578
facilities; 5,579
(6) Certification procedures for licensees and management 5,581
contractors that the director determines are necessary to ensure 5,582
that they have the skills and qualifications to properly operate 5,583
or manage residential facilities; 5,584
(7) The maximum number of persons who may be served in a 5,586
particular type of residential facility; 5,587
(8) Uniform procedures for admission of persons to and 5,589
transfers and discharges of persons from residential facilities; 5,590
(9) Other standards for the operation of residential 5,592
facilities and the services provided at residential facilities; 5,593
(10) Procedures for waiving any provision of any rule 5,595
129
adopted under this section. 5,596
(D) Before issuing a license, the director of the 5,598
department or the director's designee shall conduct an inspection 5,600
of the residential facility for which application is made. The 5,601
director or the director's designee shall conduct an inspection 5,602
of each licensed residential facility at least once each year and 5,604
may conduct additional inspections as needed. An inspection 5,605
includes but is not limited to an on-site examination and 5,606
evaluation of the residential facility, its personnel, and the 5,607
services provided there. 5,608
In conducting inspections, the director or the director's 5,610
designee shall be given access to the residential facility; all 5,612
records, accounts, and any other documents related to the 5,613
operation of the facility; the licensee; the residents of the 5,614
facility; and all persons acting on behalf of, under the control 5,615
of, or in connection with the licensee. The licensee and all 5,616
persons on behalf of, under the control of, or in connection with 5,617
the licensee shall cooperate with the director or the director's 5,618
designee in conducting the inspection. 5,620
Following each inspection, unless the director initiates a 5,622
license revocation proceeding, the director or the director's 5,624
designee shall provide the licensee with a report listing any 5,625
deficiencies, specifying a timetable within which the licensee 5,626
shall submit a plan of correction describing how the deficiencies 5,627
will be corrected, and, when appropriate, specifying a timetable 5,628
within which the licensee must correct the deficiencies. After a 5,629
plan of correction is submitted, the director or the director's 5,630
designee shall approve or disapprove the plan. A copy of the 5,632
report and any approved plan of correction shall be provided to 5,633
any person who requests it. 5,634
If it is determined that a residential facility is not 5,636
being operated in compliance with this chapter or the rules 5,637
adopted under it, the director may take such steps as are 5,638
necessary, including, but not limited to, suspension of 5,639
130
admissions to the residential facility, placement of a monitor at 5,640
the residential facility, and the initiation of license 5,641
revocation proceedings. 5,642
When the director initiates license revocation proceedings, 5,644
no opportunity for submitting a plan of correction shall be 5,645
given. The director shall notify the licensee by letter of the 5,646
initiation of such proceedings. The letter shall list the 5,647
deficiencies of the residential facility and inform the licensee 5,648
that no plan of correction will be accepted. The director shall 5,649
also notify each affected resident, the resident's guardian if 5,650
the resident is an adult for whom a guardian has been appointed, 5,651
the resident's parent or guardian if the resident is a minor, and 5,652
the county board of mental retardation and developmental 5,653
disabilities. 5,654
Pursuant to rules which shall be adopted in accordance with 5,657
Chapter 119. of the Revised Code, the director may order the 5,658
immediate removal of residents from a residential facility 5,659
whenever conditions at the facility present an immediate danger 5,660
of physical or psychological harm to the residents. 5,661
In determining whether a residential facility is being 5,663
operated in compliance with this chapter or the rules adopted 5,664
under it, or whether conditions at a residential facility present 5,665
an immediate danger of physical or psychological harm to the 5,666
residents, the director may rely on information obtained by a 5,667
county board of mental retardation and developmental disabilities 5,668
or other governmental agencies in the course of investigating 5,669
major unusual incidents. The director shall adopt rules in 5,670
accordance with Chapter 119. of the Revised Code that specify 5,671
what constitute "major unusual incidents." 5,672
The director shall suspend without pay for a period of at 5,674
least three days any department employee who notifies or causes 5,675
the notification to any unauthorized person of an unannounced 5,676
inspection of a residential facility by an authorized 5,677
representative of the department. 5,678
131
(E) In proceedings initiated to deny or revoke licenses 5,680
under this section, the director may deny or revoke a license 5,681
regardless of whether some or all of the deficiencies that 5,682
prompted the proceedings have been corrected at the time of the 5,683
hearing. 5,684
(F) In addition to any other information which may be 5,686
required of applicants for a license pursuant to this section, 5,687
the director shall require each applicant to provide a copy of an 5,688
approved plan for a proposed residential facility pursuant to 5,689
section 5123.042 of the Revised Code. 5,690
(G) Pursuant to rules which shall be adopted in accordance 5,693
with Chapter 119. of the Revised Code, the director may require 5,694
notification to the department of any significant change in the 5,695
ownership of a residential facility or in the identity of the 5,696
licensee or management contractor. When such notification is not 5,697
given, the director may cancel the residential facility's 5,698
license. If the director determines that a significant change of 5,699
ownership is proposed, the director shall consider the proposed 5,701
change to be an application for development by a new operator 5,702
pursuant to section 5123.042 of the Revised Code and shall advise 5,704
the applicant within sixty days of such notification that the 5,705
current license shall continue in effect or a new license will be 5,706
required pursuant to this section.
(H) A county board of mental retardation and developmental 5,708
disabilities, the legal rights service, and any interested person 5,709
may file complaints alleging violations of statute or department 5,710
rule relating to residential facilities with the department. All 5,711
complaints shall be in writing and shall state the facts 5,712
constituting the basis of the allegation. The department shall 5,713
not reveal the source of any complaint unless the complainant 5,714
agrees in writing to waive the right to confidentiality or until 5,715
so ordered by a court of competent jurisdiction. 5,716
The department shall acknowledge receipt of the complaint 5,718
and notify the complainant of the action that will be taken with 5,719
132
respect to it within five working days of receiving it. 5,720
The substance of a complaint shall not be provided to a 5,722
licensee until the commencement of an inspection or 5,723
investigation. 5,724
(I) The department shall establish procedures for the 5,726
notification of interested parties of the transfer or interim 5,727
care of residents from residential facilities that are closing or 5,728
are losing their license. 5,729
(J) Before issuing a license under this section to a 5,731
residential facility that will accommodate at any time more than 5,732
one mentally retarded or developmentally disabled individual, the 5,733
director shall, by first class mail, notify the following: 5,734
(1) If the facility will be located in a municipal 5,736
corporation, the clerk of the legislative authority of the 5,737
municipal corporation; 5,738
(2) If the facility will be located in unincorporated 5,740
territory, the clerk of the appropriate board of county 5,741
commissioners and the clerk of the appropriate board of township 5,742
trustees. 5,743
The director shall not issue the license for ten days after 5,745
mailing the notice, excluding Saturdays, Sundays, and legal 5,746
holidays, in order to give the notified local officials time in 5,747
which to comment on the proposed issuance. 5,748
Any legislative authority of a municipal corporation, board 5,750
of county commissioners, or board of township trustees that 5,751
receives notice under this division of the proposed issuance of a 5,752
license for a residential facility may comment on it in writing 5,753
to the director within ten days after the director mailed the 5,754
notice, excluding Saturdays, Sundays, and legal holidays. If the 5,755
director receives written comments from any notified officials 5,756
within the specified time, the director shall make written 5,757
findings concerning the comments and the director's decision on 5,759
the issuance of the license. If the director does not receive 5,761
written comments from any notified local officials within the 5,762
133
specified time, the director shall continue the process for 5,764
issuance of the license.
(K) Any person may operate a licensed family home 5,766
RESIDENTIAL FACILITY THAT PROVIDES ROOM AND BOARD, PERSONAL CARE, 5,767
HABILITATION SERVICES, AND SUPERVISION IN A FAMILY SETTING FOR AT 5,768
LEAST SIX BUT NOT MORE THAN EIGHT PERSONS WITH MENTAL RETARDATION 5,769
OR OTHER DEVELOPMENTAL DISABILITIES as a permitted use in any 5,770
residential district or zone, including any single-family 5,771
residential district or zone, of any political subdivision. 5,772
Family homes THESE RESIDENTIAL FACILITIES may be required to 5,773
comply with area, height, yard, and architectural compatibility 5,774
requirements that are uniformly imposed upon all single-family 5,775
residences within the district or zone. 5,776
(L) Any person may operate a licensed group home 5,778
RESIDENTIAL FACILITY THAT PROVIDES ROOM AND BOARD, PERSONAL CARE, 5,779
HABILITATION SERVICES, AND SUPERVISION IN A FAMILY SETTING FOR AT 5,780
LEAST NINE BUT NOT MORE THAN SIXTEEN PERSONS WITH MENTAL 5,781
RETARDATION OR OTHER DEVELOPMENTAL DISABILITIES as a permitted 5,783
use in any multiple-family residential district or zone of any 5,784
political subdivision, except that a political subdivision that 5,785
has enacted a zoning ordinance or resolution establishing planned 5,786
unit development districts may exclude group homes THESE
RESIDENTIAL FACILITIES from such districts, and a political 5,788
subdivision that has enacted a zoning ordinance or resolution may 5,789
regulate group homes THESE RESIDENTIAL FACILITIES in 5,790
multiple-family residential districts or zones as a conditionally 5,791
permitted use or special exception, in either case, under 5,792
reasonable and specific standards and conditions set out in the 5,793
zoning ordinance or resolution to: 5,794
(1) Require the architectural design and site layout of 5,796
the home RESIDENTIAL FACILITY and the location, nature, and 5,797
height of any walls, screens, and fences to be compatible with 5,799
adjoining land uses and the residential character of the 5,800
neighborhood;
134
(2) Require compliance with yard, parking, and sign 5,802
regulation; 5,803
(3) Limit excessive concentration of homes THESE 5,805
RESIDENTIAL FACILITIES. 5,806
(M) This section does not prohibit a political subdivision 5,808
from applying to residential facilities nondiscriminatory 5,809
regulations requiring compliance with health, fire, and safety 5,810
regulations and building standards and regulations. 5,811
(N) Divisions (K) and (L) of this section are not 5,813
applicable to municipal corporations that had in effect on June 5,814
15, 1977, an ordinance specifically permitting in residential 5,815
zones licensed residential facilities by means of permitted uses, 5,816
conditional uses, or special exception, so long as such ordinance 5,817
remains in effect without any substantive modification. 5,818
(O) The director may issue an interim license to operate a 5,820
residential facility to an applicant for a license under this 5,821
section if all of the following conditions are met: 5,822
(1) The director determines that an emergency exists that 5,824
requires immediate placement of persons in a residential 5,825
facility, and insufficient licensed beds are available. 5,826
(2) The residential facility meets standards in rules for 5,828
interim licenses that the director shall adopt in accordance with 5,829
Chapter 119. of the Revised Code. 5,830
(3) The director determines that the residential facility 5,832
is likely to receive a license under this section within thirty 5,833
days after issuance of the interim license. 5,834
An interim license shall be valid for thirty days and may 5,836
be renewed by the director no more than twice. 5,837
(P) Notwithstanding rules adopted pursuant to this section 5,839
establishing the maximum number of persons who may be served in a 5,840
particular type of residential facility, a residential facility 5,841
shall be permitted to serve the same number of persons being 5,842
served by the facility on the effective date of such rules or the 5,843
number of persons for which the facility is authorized pursuant 5,844
135
to a current application for a certificate of need with a letter 5,845
of support from the department of mental retardation and 5,846
developmental disabilities and which is in the review process 5,847
prior to April 4, 1986. 5,848
(Q) The director or the director's designee may enter at 5,850
any time, for purposes of investigation, any home, facility, or 5,852
other structure that has been reported to the director or that 5,853
the director has reasonable cause to believe is being operated as 5,854
a residential facility without a license issued under this 5,855
section.
The director may petition the court of common pleas of the 5,857
county in which an unlicensed residential facility is located for 5,858
an order enjoining the person or governmental agency operating 5,859
the facility from continuing to operate without a license. The 5,860
court may grant the injunction on a showing that the person or 5,861
governmental agency named in the petition is operating a 5,862
residential facility without a license. The court may grant the 5,863
injunction, regardless of whether the residential facility meets 5,864
the requirements for receiving a license under this section. 5,865
Sec. 5123.21. The director of the department of mental 5,874
retardation and developmental disabilities or the director's 5,875
designee may transfer or authorize the transfer of an involuntary 5,877
resident or a consenting voluntary resident from one public 5,878
institution to another or to an institution other than a public 5,879
institution or other facility, if the director determines that it 5,880
would be consistent with the habilitation needs of the resident 5,881
to do so.
Before an involuntary resident may be transferred to a more 5,883
restrictive setting, the head MANAGING OFFICER of the hospital 5,885
INSTITUTION shall file a motion with the court requesting the 5,886
court to amend its order of placement issued under section 5,887
5123.76 of the Revised Code. At the resident's request, the 5,888
court shall hold a hearing on the motion at which the resident 5,889
has the same rights as at a full hearing under section 5123.76 of 5,890
136
the Revised Code.
Whenever a resident is transferred, the director shall give 5,892
written notice of the transfer to the resident's legal guardian, 5,894
parents, spouse, and counsel, or, if none is known, to the 5,896
resident's nearest known relative or friend. If the resident is 5,898
a minor, the department before making such a transfer shall make 5,899
a minute of the order for the transfer and the reason for it upon 5,901
its record and shall send a certified copy at least seven days 5,903
prior to the transfer to the person shown by its record to have 5,905
had the care or custody of the minor immediately prior to the 5,906
minor's commitment. Whenever a consenting voluntary resident is 5,909
transferred, the notification shall be given only at the 5,911
resident's request. The managing officer shall advise a 5,912
voluntary resident who is being transferred that the patient may 5,913
decide if such a notification shall be given. In all such 5,916
transfers, due consideration shall be given to the relationship 5,917
of the resident to the resident's family, legal guardian, or 5,919
friends, so as to maintain relationships and encourage visits 5,920
beneficial to the resident.
Sec. 5123.27. The director of mental retardation and 5,929
developmental disabilities may accept, hold, and administer in 5,930
trust on behalf of the state, if it is for the public interest, 5,931
any grant, devise, gift, or bequest of money or property made to 5,932
the state for the use or benefit of any institution under the 5,933
jurisdiction of the department of mental retardation and 5,934
developmental disabilities or for the use and benefit of mentally 5,935
retarded or developmentally disabled persons WITH MENTAL 5,936
RETARDATION OR ANOTHER DEVELOPMENTAL DISABILITY under the control 5,937
of the department. If the trust so provides, the money or 5,938
property may be used for any work which the department is 5,939
authorized to undertake. 5,940
The department shall keep such gift, grant, devise, or 5,942
bequest as a distinct property or fund and, if it is in money, 5,943
shall invest it in the manner provided by law. The department 5,944
137
may deposit in a proper trust company or savings bank any money 5,945
left in trust during a specified life or lives and shall adopt 5,946
rules governing the deposit, transfer, withdrawal, or investment 5,947
of such THE money and the income thereof FROM IT. 5,948
The department shall, in the manner prescribed by the 5,950
director of budget and management pursuant to section 126.21 of 5,951
the Revised Code, account for all money or property received or 5,952
expended under this section. The records, together with a 5,953
statement certified by the depository showing the money deposited 5,954
there to the credit of the trust, shall be open to public 5,955
inspection. The director of budget and management may require 5,956
the department to file a report with him THE DIRECTOR on any 5,957
particular portion, or the whole, of any trust property received 5,959
or expended by it. 5,960
The department shall, upon the expiration of any trust 5,962
according to its terms, dispose of the money or property held 5,963
thereunder UNDER THE TRUST in the manner provided in the 5,964
instrument creating the trust. If the instrument creating the 5,966
trust failed to make any terms of disposition, or if no trust was 5,967
in evidence, then the decedent resident's money, saving or 5,968
commercial deposits, dividends or distributions, bonds, or any 5,969
other interest-bearing debt certificate or stamp issued by the 5,970
United States government shall escheat to the state. All such 5,971
unclaimed intangible personal property of a former resident shall 5,972
be retained by the managing officer in such institution for the 5,973
period of one year, during which time every possible effort shall 5,974
be made to find such THE former resident or his THE FORMER 5,975
RESIDENT'S legal representative. 5,977
If after a period of one year from the time the resident 5,979
has left the institution or has died, the managing officer has 5,980
been unable to locate such THE person or his THE PERSON'S legal 5,982
representative, then, upon proper notice of such THAT fact, the 5,984
director shall at that time formulate in writing a method of 5,986
disposition on the minutes of the department authorizing the 5,987
138
managing officer to convert such intangible personal property to 5,988
cash to be paid into the state treasury to the credit of the 5,989
general revenue fund.
The department shall include in its annual report a 5,991
statement of all such money and property and the terms and 5,992
conditions relating thereto TO THEM. 5,993
Sec. 5123.34. This chapter attempts to do all of the 6,002
following:
(A) Provide humane and scientific treatment and care and 6,005
the highest attainable degree of individual development for
mentally retarded or developmentally disabled persons WITH MENTAL 6,006
RETARDATION OR ANOTHER DEVELOPMENTAL DISABILITY; 6,007
(B) Promote the study of the causes of mental retardation 6,010
and developmental disabilities, with a view to ultimate 6,011
prevention;
(C) Secure by uniform and systematic management the 6,013
highest attainable degree of economy in the administration of the 6,014
institutions under the control of the department of mental 6,015
retardation and developmental disabilities. 6,016
Sections 5123.02 to 5123.04, 5123.041 to 5123.043, 5123.10, 6,019
5123.21, 5123.221, 5123.25, and 5123.31 of the Revised Code shall
be liberally construed to attain such THESE purposes. 6,020
Sec. 5123.351. The director of mental retardation and 6,029
developmental disabilities, with respect to the eligibility for 6,030
state reimbursement of expenses incurred by facilities and 6,031
programs established and operated under Chapter 5126. of the 6,032
Revised Code for mentally retarded and developmentally disabled 6,033
persons WITH MENTAL RETARDATION OR ANOTHER DEVELOPMENTAL 6,034
DISABILITY, shall do all of the following: 6,035
(A) Make rules that may be necessary to carry out the 6,038
purposes of Chapter 5126. and sections 5123.35, 5123.351, and 6,039
5123.36 of the Revised Code; 6,040
(B) Define minimum standards for qualifications of 6,042
personnel, professional services, and in-service training and 6,043
139
educational leave programs; 6,044
(C) Review and evaluate community programs and make 6,046
recommendations for needed improvements to county boards of 6,047
mental retardation and developmental disabilities and to program 6,048
directors; 6,049
(D) Withhold state reimbursement, in whole or in part, 6,051
from any county or combination of counties for failure to comply 6,052
with Chapter 5126. or section 5123.35 or 5123.351 of the Revised 6,053
Code or rules of the department of mental retardation and 6,054
developmental disabilities; 6,055
(E) Withhold state funds from an agency, corporation, or 6,057
association denying or rendering service on the basis of race, 6,058
color, sex, religion, ancestry, national origin, disability as 6,060
defined in section 4112.01 of the Revised Code, or inability to 6,061
pay;
(F) Provide consultative staff service to communities to 6,063
assist in ascertaining needs and in planning and establishing 6,064
programs. 6,065
Sec. 5123.353. (A) There is hereby established the 6,074
community mental retardation and developmental disabilities trust 6,075
fund advisory council, which shall consist of the director of 6,076
mental retardation and developmental disabilities and the 6,077
following members appointed by the director: 6,078
(1) Two representatives of the Ohio association of county 6,080
boards of mental retardation and developmental disabilities; 6,081
(2) Two representatives of the department of mental 6,083
retardation and developmental disabilities who have expertise in 6,084
community services and programs for mentally retarded or 6,085
developmentally disabled persons WITH MENTAL RETARDATION OR 6,086
ANOTHER DEVELOPMENTAL DISABILITY; 6,087
(3) One representative of private providers of residential 6,089
services for mentally retarded or developmentally disabled 6,090
persons WITH MENTAL RETARDATION OR ANOTHER DEVELOPMENTAL 6,091
DISABILITY;
140
(4) Three consumers or representatives of consumers of 6,093
community services and programs for mentally retarded or 6,094
developmentally disabled persons WITH MENTAL RETARDATION OR 6,095
ANOTHER DEVELOPMENTAL DISABILITY. 6,096
(B) The director shall make initial appointments not later 6,098
than sixty days after October 29, 1993. All terms shall be two 6,099
years. Each member shall serve until the member's successor is 6,101
appointed, and any vacancy shall be filled within thirty days for 6,102
the remainder of the unexpired term in the same manner as the 6,103
original appointment. Members may be reappointed. A member is 6,104
subject to removal by the director for any of the causes 6,105
specified in section 3.07 of the Revised Code.
(C) Members appointed by the director who are not 6,107
employees of the department shall serve without compensation from 6,108
the department, but shall be reimbursed from the community mental 6,109
retardation and developmental disabilities trust fund for the 6,110
actual and necessary expenses they incur in the performance of 6,111
their official duties. 6,112
(D) The director shall serve as chairperson of the council 6,114
and, in consultation with the members, establish the method of 6,115
operation of the council, including scheduling of consultations 6,116
with the department and at least quarterly meetings of the 6,117
council. The department shall provide to the council such THE 6,119
administrative support and technical assistance as THAT the 6,120
council requests.
(E) The council shall advise the department on the 6,122
operation of the trust fund and the distribution of moneys from 6,123
the trust fund. 6,124
Sec. 5123.55. As used in sections 5123.55 to 5123.59 of 6,133
the Revised Code: 6,134
(A) "Guardian" means a guardian of the person, limited 6,136
guardian, interim guardian, or emergency guardian pursuant to 6,137
appointment by the probate court under Chapter 2111. of the 6,138
Revised Code. 6,139
141
(B) "Trustee" means a trustee appointed by and accountable 6,141
to the probate court, in lieu of a guardian and without a 6,142
judicial determination of incompetency, with respect to an estate 6,143
of seven TEN thousand dollars or less. 6,144
(C) "Protector" means an agency under contract with the 6,146
department of mental retardation and developmental disabilities 6,147
acting with or without court appointment to provide guidance, 6,148
service, and encouragement in the development of maximum 6,149
self-reliance to a mentally retarded or developmentally disabled 6,151
person WITH MENTAL RETARDATION OR ANOTHER DEVELOPMENTAL
DISABILITY, independent of any determination of incompetency. 6,153
(D) "Protective service" means performance of the duties 6,155
of a guardian, trustee, or conservator, or acting as a protector, 6,156
with respect to a mentally retarded or developmentally disabled 6,157
person WITH MENTAL RETARDATION OR ANOTHER DEVELOPMENTAL 6,158
DISABILITY.
(E) "Conservator" means a conservator of the person 6,160
pursuant to an appointment by a probate court under Chapter 2111. 6,161
of the Revised Code. 6,162
Sec. 5123.62. The rights of mentally retarded persons and 6,171
of developmentally disabled persons WITH MENTAL RETARDATION OR 6,172
ANOTHER DEVELOPMENTAL DISABILITY include, but are not limited to, 6,174
the following:
(A) The right to be treated at all times with courtesy and 6,176
respect and with full recognition of their dignity and 6,177
individuality; 6,178
(B) The right to an appropriate, safe, and sanitary living 6,180
environment that complies with local, state, and federal 6,181
standards and recognizes the persons' need for privacy and 6,182
independence; 6,183
(C) The right to food adequate to meet accepted standards 6,185
of nutrition; 6,186
(D) The right to practice the religion of their choice or 6,188
to abstain from the practice of religion; 6,189
142
(E) The right of timely access to appropriate medical or 6,191
dental treatment; 6,192
(F) The right of access to necessary ancillary services, 6,194
including, but not limited to, occupational therapy, physical 6,195
therapy, speech therapy, and behavior modification and other 6,196
psychological services; 6,197
(G) The right to receive appropriate care and treatment in 6,199
the least intrusive manner; 6,200
(H) The right to privacy, including both periods of 6,202
privacy and places of privacy; 6,203
(I) The right to communicate freely with persons of their 6,205
choice in any reasonable manner they choose; 6,206
(J) The right to ownership and use of personal possessions 6,208
so as to maintain individuality and personal dignity; 6,209
(K) The right to social interaction with members of either 6,211
sex; 6,212
(L) The right of access to opportunities that enable 6,214
individuals to develop their full human potential; 6,215
(M) The right to pursue vocational opportunities that will 6,217
promote and enhance economic independence; 6,218
(N) The right to be treated equally as citizens under the 6,220
law;
(O) The right to be free from emotional, psychological, 6,222
and physical abuse; 6,223
(P) The right to participate in appropriate programs of 6,225
education, training, social development, and habilitation and in 6,226
programs of reasonable recreation; 6,227
(Q) The right to participate in decisions that affect 6,229
their lives;
(R) The right to select a parent or advocate to act on 6,231
their behalf;
(S) The right to manage their personal financial affairs, 6,233
based on individual ability to do so; 6,234
(T) The right to confidential treatment of all information 6,236
143
in their personal and medical records, except to the extent that 6,237
disclosure or release of records is permitted under sections 6,238
5123.89 and 5126.044 of the Revised Code; 6,239
(U) The right to voice grievances and recommend changes in 6,241
policies and services without restraint, interference, coercion, 6,242
discrimination, or reprisal; 6,243
(V) The right to be free from unnecessary chemical or 6,245
physical restraints; 6,246
(W) The right to participate in the political process; 6,248
(X) The right to refuse to participate in medical, 6,250
psychological, or other research or experiments. 6,251
Sec. 5123.63. Every state agency, county board of mental 6,260
retardation and developmental disabilities, or political 6,261
subdivision that provides services, either directly or through a 6,262
contract, to mentally retarded and developmentally disabled 6,263
persons WITH MENTAL RETARDATION OR OTHER DEVELOPMENTAL 6,264
DISABILITIES shall give each provider a copy of the list of 6,265
rights contained in section 5123.62 of the Revised Code. Each 6,266
public and private provider of services shall carry out the 6,267
requirements of this section in addition to any other posting or 6,268
notification requirements imposed by local, state, or federal law 6,269
or rules.
The provider shall make copies of the list of rights and 6,271
shall be responsible for an initial distribution of the list to 6,272
each individual receiving services from the provider. If the 6,273
individual is unable to read the list, the provider shall 6,274
communicate the contents of the list to the individual to the 6,275
extent practicable in a manner that the individual understands. 6,276
The individual receiving services or the parent, guardian, or 6,277
advocate of the individual shall sign an acknowledgement of 6,278
receipt of a copy of the list of rights, and a copy of the signed 6,279
acknowledgement shall be placed in the individual's file. The 6,280
provider shall also be responsible for answering any questions 6,281
and giving any explanations necessary to assist the individual to 6,282
144
understand the rights enumerated. Instruction in these rights 6,283
shall be a part of all individual habilitation plans DOCUMENTED. 6,284
Each provider shall post in a place accessible to all 6,286
persons receiving services and all employees and visitors a copy 6,287
of the list of rights and the addresses and telephone numbers of 6,288
the legal rights service, the department of mental retardation 6,289
and developmental disabilities, and the county board of mental 6,290
retardation and developmental disabilities of the county in which 6,291
the provider provides services. 6,292
Sec. 5123.67. This chapter shall be liberally interpreted 6,301
to accomplish the following purposes: 6,302
(A) To promote the human dignity and to protect the 6,304
constitutional rights of mentally retarded persons and 6,305
developmentally disabled persons WITH MENTAL RETARDATION OR OTHER 6,306
DEVELOPMENTAL DISABILITIES in the state; 6,307
(B) To encourage the development of the ability and 6,309
potential of each mentally retarded person and each 6,310
developmentally disabled person WITH MENTAL RETARDATION OR 6,311
ANOTHER DEVELOPMENTAL DISABILITY in the state to the fullest 6,312
possible extent, no matter how severe his THE degree of 6,313
disability; 6,314
(C) To promote the economic security, standard of living, 6,316
and meaningful employment of mentally retarded persons and 6,317
developmentally disabled persons WITH MENTAL RETARDATION OR OTHER 6,318
DEVELOPMENTAL DISABILITIES; 6,319
(D) To maximize the assimilation of mentally retarded or 6,321
developmentally disabled persons WITH MENTAL RETARDATION OR OTHER 6,322
DEVELOPMENTAL DISABILITIES into the ordinary life of the 6,323
communities in which they live; 6,324
(E) To recognize the need of mentally retarded or 6,326
developmentally disabled PROMOTE OPPORTUNITIES FOR persons, 6,327
whenever care in a residential facility is absolutely necessary, 6,328
to live in surroundings and circumstances as close to normal as 6,329
possible WITH MENTAL RETARDATION OR OTHER DEVELOPMENTAL 6,330
145
DISABILITIES TO LIVE IN SURROUNDINGS OR CIRCUMSTANCES THAT ARE 6,331
TYPICAL FOR OTHER COMMUNITY MEMBERS;
(F) TO PROMOTE THE RIGHT OF PERSONS WITH MENTAL 6,333
RETARDATION OR OTHER DEVELOPMENTAL DISABILITIES TO SPEAK AND BE 6,334
HEARD ABOUT THE DESIRED DIRECTION OF THEIR LIVES AND TO USE 6,335
AVAILABLE RESOURCES IN WAYS THAT FURTHER THAT DIRECTION. 6,336
Sec. 5123.801. If neither a discharged resident, NOR a 6,345
resident granted trial visit, nor the persons requesting his THE 6,346
RESIDENT'S trial visit or discharge are financially able to bear 6,347
the expense of his removal THE RESIDENT'S TRIAL VISIT OR 6,349
DISCHARGE, the managing officer of an institution under the 6,351
control of the department of mental retardation and developmental 6,352
disabilities may then provide actual traveling and escort 6,353
expenses to the township of which the resident resided at the 6,354
time of institutionalization. The amount payable, which sum in 6,355
no case shall exceed twenty dollars, shall be charged to the 6,356
current expense fund of the hospital INSTITUTION. 6,357
The expense of the return of a resident on trial visit from 6,359
an institution, if it cannot be paid by the responsible 6,360
relatives, shall be borne by the county of institutionalization. 6,361
The managing officer of the institution shall take all 6,363
proper measures for the apprehension of an escaped resident. The 6,364
expense of the return of an escaped resident shall be borne by 6,365
the institution where the resident is institutionalized. 6,366
The managing officer of the institution shall provide 6,368
sufficient and proper clothing for traveling if neither the 6,369
resident nor the persons requesting his THE RESIDENT'S trial 6,370
visit or discharge are financially able to provide such THAT 6,371
clothing. 6,372
Sec. 5123.85. (A) All residents institutionalized 6,381
pursuant to Chapter 5123. of the Revised Code THIS CHAPTER shall 6,382
receive, within twenty THIRTY days of their admission, a 6,384
comprehensive evaluation, A diagnosis, A prognosis, and a 6,385
description of habilitation goals consistent therewith. 6,386
146
(B) All such residents shall have a written habilitation 6,388
plan consistent with the comprehensive evaluation, diagnosis, 6,389
prognosis, and goals which shall be provided, upon request of 6,390
resident or resident's counsel, to resident's counsel and to any 6,391
private physician designated by the resident or his THE 6,392
RESIDENT'S counsel. 6,393
(C) All such residents shall receive habilitation and care 6,395
consistent with the habilitation plan. The department of mental 6,396
retardation and developmental disabilities shall set standards 6,397
for habilitation and care provided to such residents, consistent 6,398
wherever possible with standards set by the joint commission on 6,399
accreditation of facilities for the mentally retarded. 6,400
(D) All such residents shall receive periodic 6,402
comprehensive re-evaluations of the habilitation plan by the 6,403
professional staff of the institution at intervals not to exceed 6,404
ninety days. 6,405
(E) All such residents shall be provided with prompt and 6,407
adequate medical treatment for any physical or mental disease or 6,408
injury. 6,409
Sec. 5123.89. (A) All certificates, applications, 6,418
records, and reports made for the purpose of this chapter, other 6,419
than court journal entries or court docket entries, which 6,420
directly or indirectly identify a resident or former resident of 6,421
an institution for the mentally retarded or person whose 6,422
institutionalization has been sought under this chapter shall be 6,423
kept confidential and shall not be disclosed by any person except 6,424
insofar as IN THE FOLLOWING SITUATIONS: 6,425
(1) It is the judgment of the court for judicial records, 6,427
and the managing officer for institution records, that disclosure 6,428
is in the best interest of the person identified, and such THAT 6,430
person or his THAT PERSON'S guardian or, if he THAT PERSON is a 6,432
minor, his THAT PERSON'S parent or guardian consents;. 6,434
(2) Disclosure may be IS provided for in other sections of 6,436
this chapter of the Revised Code;. 6,437
147
(3) It is the judgment of the managing officer for 6,439
institution records that disclosure to a mental health facility 6,440
is in the best interest of the person identified. 6,441
(B) The department of mental retardation and developmental 6,443
disabilities shall adopt and promulgate rules with respect to the 6,444
systematic and periodic destruction of residents' records. 6,445
(C)(1) AS USED IN THIS DIVISION, "FAMILY" MEANS A PARENT, 6,447
BROTHER, SISTER, SPOUSE, SON, DAUGHTER, GRANDPARENT, AUNT, UNCLE, 6,448
OR COUSIN.
(2) UPON THE DEATH OF A RESIDENT OR FORMER RESIDENT OF AN 6,450
INSTITUTION FOR THE MENTALLY RETARDED OR A PERSON WHOSE 6,451
INSTITUTIONALIZATION WAS SOUGHT UNDER THIS CHAPTER, THE MANAGING 6,452
OFFICER OF AN INSTITUTION SHALL PROVIDE ACCESS TO THE 6,453
CERTIFICATES, APPLICATIONS, RECORDS, AND REPORTS MADE FOR THE
PURPOSES OF THIS CHAPTER TO THE RESIDENT'S, FORMER RESIDENT'S, OR 6,454
PERSON'S GUARDIAN IF THE GUARDIAN MAKES A WRITTEN REQUEST. IF A 6,455
DECEASED RESIDENT, FORMER RESIDENT, OR PERSON WHOSE 6,456
INSTITUTIONALIZATION WAS SOUGHT UNDER THIS CHAPTER DID NOT HAVE A
GUARDIAN AT THE TIME OF DEATH, THE MANAGING OFFICER SHALL PROVIDE 6,457
ACCESS TO THE CERTIFICATES, APPLICATIONS, RECORDS, AND REPORTS 6,458
MADE FOR PURPOSES OF THIS CHAPTER TO A MEMBER OF THE PERSON'S 6,459
FAMILY, UPON THAT FAMILY MEMBER'S WRITTEN REQUEST. 6,460
(D) No person shall reveal the contents of a record of a 6,462
resident except as authorized by this chapter. 6,463
Sec. 5123.93. Mentally retarded minors MINORS WITH MENTAL 6,472
RETARDATION shall remain under the guardianship of their parents 6,474
or of a guardian appointed pursuant to Chapter 2111. of the 6,475
Revised Code, notwithstanding institutionalization pursuant to 6,476
any section of this chapter, unless parental rights have been 6,477
terminated pursuant to a court finding that the child is 6,478
neglected, abused, or dependent pursuant to Chapter 2151. of the 6,479
Revised Code. If a mentally retarded minor WITH MENTAL 6,480
RETARDATION has been found to be dependent, abused, or neglected, 6,482
the public children services agency to whom permanent custody has 6,483
148
been assigned pursuant to Chapter 2151. of the Revised Code shall 6,484
have the same authority and responsibility it would have if the 6,486
child were not mentally retarded and were not institutionalized. 6,487
In no case shall the guardianship of a mentally retarded person 6,488
WITH MENTAL RETARDATION be assigned to the managing officer or 6,489
any other employee of an institution in which the person is 6,490
institutionalized, OR BE ASSIGNED, UNLESS THERE IS A RELATIONSHIP 6,491
BY BLOOD OR MARRIAGE OR UNLESS THE SERVICE IS A PROTECTIVE 6,492
SERVICE AS DEFINED IN SECTION 5123.55 OF THE REVISED CODE, TO A 6,493
PERSON OR AGENCY WHO PROVIDES SERVICES TO THE PERSON WITH MENTAL 6,495
RETARDATION.
Sec. 5126.02. (A)(1) There is hereby created in each 6,504
county a county board of mental retardation and developmental 6,505
disabilities consisting of seven members, five of whom shall be 6,506
appointed by the board of county commissioners of the county, and 6,507
two of whom shall be appointed by the probate judge of the 6,508
county. Each member shall be a resident of the county. The 6,509
membership of the board shall, as nearly as possible, reflect the 6,510
composition of the population of the county. 6,511
All persons appointed to the board MEMBERS shall be persons 6,513
interested and knowledgeable in the field of mental retardation 6,515
and other allied fields. ALL BOARD MEMBERS SHALL BE CITIZENS OF 6,516
THE UNITED STATES. Of the members appointed by the board of 6,517
county commissioners, at least two shall be relatives by blood or 6,518
marriage of persons eligible for and currently receiving services 6,520
provided by the county board of mental retardation and 6,521
developmental disabilities, and, whenever possible, one shall be 6,522
a relative of a person eligible for and currently receiving adult 6,523
services, and the other shall be a relative of a person eligible 6,524
for and currently receiving services for pre-school or school-age 6,525
children. Of the two members appointed by the probate judge, at 6,526
least one shall be a relative by blood or marriage of a person 6,527
eligible for or currently receiving services in a public or 6,528
private residential facility subject to regulation or licensure 6,529
149
by the director of mental retardation and developmental 6,530
disabilities under sections 5123.19 and 5123.20 of the Revised 6,531
Code.
BOTH THE BOARD OF COUNTY COMMISSIONERS AND THE PROBATE 6,533
JUDGE SHALL APPOINT UNDER THIS SECTION, TO THE MAXIMUM EXTENT 6,534
POSSIBLE, MEMBERS WHO FULFILL ANY APPLICABLE REQUIREMENTS OF THIS 6,535
SECTION FOR APPOINTMENT AND WHO ALSO HAVE PROFESSIONAL TRAINING 6,536
AND EXPERIENCE IN BUSINESS MANAGEMENT, FINANCE, LAW, HEALTH CARE 6,537
PRACTICE, PERSONNEL ADMINISTRATION, OR GOVERNMENT SERVICE.
(2) All appointments shall be for terms of four years. 6,540
The membership of a person appointed as a relative of a recipient 6,541
of services shall not be terminated because the services are no 6,542
longer received.
Members may be reappointed, except as provided in division 6,544
(A)(3) of this section and section 5126.022 of the Revised Code. 6,545
Prior to making a reappointment, the appointing authority shall 6,546
ascertain, through written communication with the board, that the 6,547
member being considered for reappointment meets the requirements 6,548
of this section and section 5126.022 of the Revised Code. 6,549
(3) A member who has served during each of two consecutive 6,552
terms shall not be reappointed for a subsequent term until one 6,553
year after ceasing to be a member of the board, except that a 6,554
member who has served for six years or less within two 6,555
consecutive terms may be reappointed for a subsequent term before 6,556
becoming ineligible for reappointment for one year.
(4) Within sixty days after a vacancy occurs, it shall be 6,559
filled by the appointing authority for the unexpired term. Any 6,560
member appointed to fill a vacancy occurring prior to the 6,561
expiration of the term for which the member's predecessor was
appointed shall hold office for the remainder of that term. 6,562
Appointment other than appointment to fill a vacancy shall be 6,563
made no later than the last day of November of each year, and the 6,564
term of office shall commence on the date of the stated annual 6,565
organizational meeting. 6,566
150
(5) Board members shall serve without compensation, but 6,569
shall be reimbursed for necessary expenses incurred in the 6,570
conduct of board business, including those incurred within the 6,571
county of residence.
(B) Each year each board member shall attend at least one 6,573
in-service training session provided by or approved by the 6,574
department of mental retardation and developmental disabilities. 6,575
Such THESE training sessions shall not be considered regularly 6,576
scheduled meetings of the board. 6,577
(C) A county board of mental retardation and developmental 6,579
disabilities shall be operated as a separate administrative and 6,580
service entity. The board's functions shall not be combined with 6,581
the functions of any other entity of county government. 6,582
Sec. 5126.023. (A) Each county board of mental 6,592
retardation and developmental disabilities shall either employ a
superintendent or obtain the services of the superintendent of 6,593
another county board of mental retardation and developmental 6,594
disabilities. The board shall provide for a superintendent who 6,595
is qualified, as specified in rules adopted by the department of 6,596
mental retardation and developmental disabilities in accordance 6,597
with Chapter 119. of the Revised Code. The superintendent shall 6,599
have no voting privileges on the board.
The board shall prescribe the duties of its superintendent 6,601
and review the superintendent's performance. The superintendent 6,602
may be removed, suspended, or demoted for cause pursuant to 6,603
section 5126.23 of the Revised Code. The board shall fix the 6,604
superintendent's compensation and reimburse the superintendent 6,605
for actual and necessary expenses. 6,606
Each county board that employs its own superintendent shall 6,608
employ the superintendent under a contract. To enter into a 6,609
contract, the board shall adopt a resolution agreeing to the 6,610
contract. Each contract for employment or re-employment of a 6,611
superintendent shall be for a term of not less than one and not 6,612
more than five years. At the expiration of a superintendent's
151
current term of employment, the superintendent shall be 6,613
re-employed for a term of one year at the same salary, plus any 6,614
increments that may be authorized by the board, unless the board 6,615
gives the superintendent written notification of its intention 6,616
not to re-employ the superintendent. With regard to an initial
contract, if the contract is for one year, the notice shall be 6,617
provided not less than sixty days prior to the contract's 6,618
expiration; if the contract is for more than one year, the notice 6,619
shall be provided not less than ninety days prior to the 6,620
contract's expiration. With regard to contracts for
re-employment, the notice shall be given not less than ninety 6,621
days prior to the contract's expiration, regardless of its 6,622
duration.
(B) Two or more county boards may enter into an 6,624
arrangement under which the superintendent of one county board 6,625
acts as the superintendent of another county board. To enter 6,626
into such an arrangement, each board shall adopt a resolution 6,627
agreeing to the arrangement. The resolutions shall specify the
duration of the arrangement and the contribution each board is to 6,628
make to the superintendent's compensation and reimbursement for 6,629
expenses.
(C) IF A VACANCY OCCURS IN THE POSITION OF SUPERINTENDENT, 6,631
A COUNTY BOARD MAY APPOINT A PERSON WHO HOLDS A VALID 6,632
SUPERINTENDENT'S CERTIFICATE ISSUED UNDER THE RULES OF THE 6,633
DEPARTMENT TO WORK UNDER A CONTRACT FOR AN INTERIM PERIOD NOT TO 6,634
EXCEED ONE HUNDRED TWENTY DAYS UNTIL A PERMANENT SUPERINTENDENT 6,635
CAN BE EMPLOYED OR ARRANGED FOR UNDER DIVISION (A) OR (B) OF THIS 6,636
SECTION. THE DIRECTOR OF THE DEPARTMENT MAY APPROVE ADDITIONAL 6,637
PERIODS OF TIME FOR THESE TYPES OF INTERIM APPOINTMENTS WHEN SO
REQUESTED BY A RESOLUTION ADOPTED BY A COUNTY BOARD, IF THE 6,638
DIRECTOR DETERMINES THAT THE ADDITIONAL PERIODS ARE WARRANTED AND 6,639
THE SERVICES OF A PERMANENT SUPERINTENDENT ARE NOT AVAILABLE. 6,640
Sec. 5126.042. (A) As used in this section: 6,649
(1) "Emergency" means any situation that creates for an 6,651
152
individual with mental retardation or developmental disabilities 6,652
a risk of substantial self-harm or substantial harm to others if 6,653
action is not taken within thirty days. An "emergency" may 6,654
include one or more of the following situations: 6,655
(a) Loss of present residence for any reason, including 6,657
legal action; 6,658
(b) Loss of present caretaker for any reason, including 6,660
serious illness of the caretaker, change in the caretaker's 6,661
status, or inability of the caretaker to perform effectively for 6,662
the individual;
(c) Abuse, neglect, or exploitation of the individual; 6,664
(d) Health and safety conditions that pose a serious risk 6,666
to the individual or others of immediate harm or death; 6,667
(e) Change in the emotional or physical condition of the 6,669
individual that necessitates substantial accommodation that 6,670
cannot be reasonably provided by the individual's existing 6,671
caretaker.
(2) "MEDICAID" HAS THE SAME MEANING AS IN SECTION 5111.01 6,673
OF THE REVISED CODE.
(3) "Priority" means any situation that would constitute 6,675
an emergency except that action to resolve the situation may be 6,677
taken in more than thirty but less than ninety days without 6,678
creating a risk of substantial harm to self or others. 6,679
(B) If a county board of mental retardation and 6,682
developmental disabilities determines that available resources 6,683
are not sufficient to meet the needs of all individuals who 6,684
request programs and services and may be offered the programs and 6,685
services, it shall establish waiting lists for services. The 6,686
board may establish priorities for making placements on its
waiting lists according to an individual's emergency or priority 6,687
status.
The individuals who may be placed on a waiting list include 6,689
individuals with a need for services on an emergency or priority 6,690
basis and individuals who have requested services for which 6,691
153
resources are not available.
An individual who currently receives a service but would 6,693
like to change to another service shall not be placed on a 6,694
waiting list but shall be placed on a service substitution list. 6,695
The board shall work with the individual, service providers, and 6,696
all appropriate entities to facilitate the change in service as 6,697
expeditiously as possible. The board may establish priorities
for making placements on its service substitution lists according 6,698
to an individual's emergency or priority status. 6,699
In addition to maintaining waiting lists and service 6,701
substitution lists, a board shall maintain a long-term service 6,702
planning registry for individuals who wish to record their 6,703
intention to request in the future a service they are not 6,704
currently receiving. The purpose of the registry is to enable 6,705
the board to document requests and to plan appropriately. The 6,706
board may not place an individual on the registry who meets the 6,707
conditions for receipt of services on an emergency or priority 6,708
basis.
(C) A county board shall establish a separate waiting list 6,710
for each of the following categories of services, and may 6,711
establish separate waiting lists within the waiting lists: 6,712
(1) Early childhood services; 6,714
(2) Educational programs for preschool and school age 6,716
children;
(3) Adult services; 6,718
(4) Case management services; 6,720
(5) Residential services and supported living; 6,722
(6) Transportation services; 6,724
(7) Other services determined necessary and appropriate 6,726
for mentally retarded or developmentally disabled persons WITH 6,727
MENTAL RETARDATION OR DEVELOPMENTAL DISABILITIES according to 6,728
their individual habilitation or service plans; 6,729
(8) Family support services provided under section 5126.11 6,731
of the Revised Code. 6,732
154
(D) Prior to establishing any waiting list under this 6,735
section, a county board shall develop and implement a policy for 6,736
waiting lists that complies with rules that the department of 6,737
mental retardation and developmental disabilities shall adopt in 6,738
accordance with Chapter 119. of the Revised Code. The 6,739
department's rules shall include procedures to be followed to 6,740
ensure that the due process rights of individuals placed on 6,741
waiting lists are not violated. 6,742
Prior to placing an individual on a waiting list, the 6,744
county board shall assess the service needs of the individual in 6,745
accordance with all applicable state and federal laws. The 6,746
county board shall place the individual on the appropriate 6,747
waiting list and may place the individual on more than one 6,748
waiting list.
At least annually, the county board shall reassess the 6,750
service needs of each individual on a waiting list. If it 6,751
determines that an individual no longer needs a program or 6,752
service, the county board shall remove the individual from the 6,754
waiting list. If it determines that an individual needs a
program or service other than the one for which the individual is 6,755
on the waiting list, the county board shall provide the program 6,756
or service to the individual or place the individual on a waiting 6,757
list for the program or service in accordance with the board's 6,758
policy for waiting lists.
When a program or service for which there is a waiting list 6,760
becomes available, the county board shall reassess the service 6,761
needs of the individual next scheduled on the waiting list to 6,762
receive that program or service. If the reassessment 6,763
demonstrates that the individual continues to need the program or 6,764
service, the board shall offer the program or service to the 6,765
individual. If it determines that an individual no longer needs 6,766
a program or service, the county board shall remove the 6,767
individual from the waiting list. If it determines that an 6,768
individual needs a program or service other than the one for 6,769
155
which the individual is on the waiting list, the county board 6,770
shall provide the program or service to the individual or place 6,771
the individual on a waiting list for the program or service in 6,772
accordance with the board's policy for waiting lists.
(E) A child subject to a determination made pursuant to 6,774
section 121.38 of the Revised Code who requires the home and 6,775
community-based services provided through the medical assistance 6,776
waiver programs operated under sections 5111.87 and 5111.88 of 6,777
the Revised Code shall receive services through the waiver 6,778
programs adopted under Chapters 5111., 5123., and 5126. of the 6,779
Revised Code. For all other services, a child subject to a 6,780
determination made pursuant to section 121.38 of the Revised Code
shall be treated as an emergency by the county boards and shall 6,781
not be subject to a waiting list. 6,782
(F) Not later than the fifteenth day of March of each 6,785
even-numbered year, each county board shall prepare and submit to 6,786
the director of mental retardation and developmental disabilities 6,787
its recommendations for the funding of services for individuals 6,788
with mental retardation and developmental disabilities and its 6,789
proposals for reducing the waiting lists for services.
(G) THE FOLLOWING SHALL TAKE PRECEDENCE OVER THE 6,791
APPLICABLE PROVISIONS OF THIS SECTION: 6,792
(1) MEDICAID RULES AND REGULATIONS; 6,794
(2) ANY SPECIFIC REQUIREMENTS THAT MAY BE CONTAINED WITHIN 6,796
A MEDICAID STATE PLAN AMENDMENT OR WAIVER PROGRAM THAT A COUNTY 6,797
BOARD HAS AUTHORITY TO ADMINISTER OR WITH RESPECT TO WHICH IT HAS 6,798
AUTHORITY TO PROVIDE SERVICES, PROGRAMS, OR SUPPORTS. 6,799
Sec. 5126.044. (A) As used in this section,: 6,808
(1) "eligible ELIGIBLE person" has the same meaning as in 6,811
section 5126.03 of the Revised Code.
(2) "FAMILY" MEANS A PARENT, BROTHER, SISTER, SPOUSE, SON, 6,813
DAUGHTER, GRANDPARENT, AUNT, UNCLE, OR COUSIN. 6,814
(B) Except as provided in division (D) of this section, no 6,816
person shall disclose the identity of an individual who requests 6,817
156
programs or services under this chapter or release a record or 6,818
report regarding an eligible person that is maintained by a 6,819
county board of mental retardation and developmental disabilities 6,820
or an entity under contract with a county board unless one of the 6,821
following circumstances exists: 6,822
(1) The individual, eligible person, or the individual's 6,824
guardian, or, if the individual is a minor, the individual's 6,826
parent or guardian, makes a written request to the county board 6,827
or entity for or approves in writing disclosure of the 6,828
individual's identity or release of the record or report 6,829
regarding the eligible person.
(2) Disclosure of the identity of an individual is needed 6,831
for approval of a direct services contract under section 5126.032 6,832
or 5126.033 of the Revised Code. The county board shall release 6,833
only the individual's name and the general nature of the services 6,834
to be provided. 6,835
(3) Disclosure of the identity of the individual is needed 6,837
to ascertain that the county board's waiting lists for programs 6,838
or services are being maintained in accordance with section 6,839
5126.042 of the Revised Code and the rules adopted under that 6,840
section. The county board shall release only the individual's 6,841
name, the general nature of the programs or services to be 6,842
provided the individual, the individual's rank on each waiting 6,844
list that includes the individual, and any circumstances under 6,845
which the individual was given priority when placed on a waiting 6,846
list.
(C) A board or entity that discloses an individual's 6,848
identity or releases a record or report regarding an eligible 6,849
person shall maintain a record of when and to whom the disclosure 6,850
or release was made. 6,851
(D)(1) At the request of an eligible person or the 6,853
person's guardian or, if the eligible person is a minor, the 6,855
person's parent or guardian, a county board or entity under 6,856
contract with a county board shall provide the person who made 6,857
157
the request access to records and reports regarding the eligible 6,858
person. On written request, the county board or entity shall 6,859
provide copies of the records and reports to the eligible person, 6,860
guardian, or parent. The county board or entity may charge a 6,861
reasonable fee to cover the costs of copying. The county board 6,862
or entity may waive the fee in cases of hardship.
(2) A county board shall provide access to any waiting 6,864
list or record or report regarding an eligible person maintained 6,865
by the board to any state agency responsible for monitoring and 6,866
reviewing programs and services provided or arranged by the 6,867
county board, any state agency involved in the coordination of 6,868
services for an eligible person, and any agency under contract 6,869
with the department of mental retardation and developmental 6,870
disabilities for the provision of protective service pursuant to 6,871
section 5123.56 of the Revised Code. 6,872
(E) A county board shall notify an eligible person, the 6,874
person's guardian, or, if the eligible person is a minor, the 6,876
person's parent or guardian, prior to destroying any record or 6,877
report regarding the eligible person. 6,878
(F) UPON THE DEATH OF AN ELIGIBLE PERSON OR A PERSON WHO 6,880
REQUESTS PROGRAMS OR SERVICES UNDER THIS CHAPTER, THE COUNTY 6,881
BOARD OR ENTITY UNDER CONTRACT WITH THE COUNTY BOARD SHALL 6,882
PROVIDE ACCESS TO THE RECORDS OR REPORTS REGARDING THE ELIGIBLE 6,883
PERSON OR PERSON TO THE ELIGIBLE PERSON'S OR PERSON'S GUARDIAN IF 6,884
THE GUARDIAN MAKES A WRITTEN REQUEST. IF A DECEASED ELIGIBLE
PERSON OR PERSON DID NOT HAVE A GUARDIAN AT THE TIME OF DEATH, 6,885
THE COUNTY BOARD OR ENTITY SHALL PROVIDE THAT ACCESS TO A MEMBER 6,886
OF THE ELIGIBLE PERSON'S OR PERSON'S FAMILY UPON THAT FAMILY 6,887
MEMBER'S WRITTEN REQUEST.
Sec. 5126.081. (A) In addition to the rules adopted under 6,897
division (A)(2) of section 5126.08 of the Revised Code 6,899
establishing standards for the administration, provision, 6,900
arrangement, and operation of programs and services by county 6,901
boards of mental retardation and developmental disabilities, the 6,902
158
department of mental retardation and developmental disabilities 6,903
shall establish a system of accreditation for county boards of 6,904
mental retardation and developmental disabilities to ensure that 6,905
the boards are in compliance with federal and state statutes and 6,906
rules. The department shall establish uniform standards for the 6,907
accreditation system in ADOPT rules that shall be adopted in 6,908
accordance with Chapter 119. of the Revised Code GOVERNING THE 6,910
SYSTEM OF ACCREDITATION. The rules shall include appropriate 6,912
timelines for compliance when a board is found to be not in 6,913
compliance and appropriate actions to be taken by boards in 6,914
complying with the accreditation standards REQUIREMENTS.
(B) Prior to accrediting a board, the department shall 6,917
conduct a comprehensive, on-site review of the board. During the 6,918
review, the department shall document the board's compliance with 6,919
the department's accreditation standards REQUIREMENTS. After 6,920
completing the review, the department shall conduct an exit 6,922
conference with the president of the board, the superintendent of 6,923
the board, and any other officials the board asks to have 6,924
present. The department shall discuss its findings from the 6,925
review with the board's representatives and provide a written 6,926
report of its findings not later than thirty days following the 6,927
exit conference. If the department finds that the board is in 6,928
compliance with the standards REQUIREMENTS for accreditation, the 6,929
department shall issue evidence of accreditation to the board. 6,931
Accreditation may be granted for periods of up to five 6,933
years and may be renewed. Not less than once prior to the date a 6,935
board's accreditation is scheduled to expire, the department
shall conduct a comprehensive, on-site review of the board. 6,937
Each board shall conduct an annual audit of itself to 6,939
evaluate its compliance with the standards REQUIREMENTS for 6,940
accreditation. The department may conduct an interim review of 6,941
any new program or service initiated by a board after its last 6,943
comprehensive review. The department may conduct other reviews 6,944
and investigations as necessary to enforce this section. 6,945
159
(C) If the department determines through its review of a 6,948
board that the board is not in compliance with the standards 6,949
REQUIREMENTS for accreditation, the department shall, except as 6,950
provided in division (F) of this section, grant the board an 6,952
opportunity to correct the matters in which it is not in 6,953
compliance. The department shall grant the board an appropriate 6,954
length of time to comply with the standards REQUIREMENTS prior to 6,955
taking any action to deny accreditation to the board. To avoid 6,956
denial of accreditation, the board superintendent shall prepare a 6,958
plan of correction to remediate the matters specified in the
department's written report as not being in compliance with the 6,959
standards REQUIREMENTS for accreditation. The superintendent 6,960
shall submit the plan to the board for review, and the board 6,961
shall review the plan. If the board believes that the plan is 6,963
sufficient to correct the matters, the board shall approve the 6,964
plan by resolution and submit the plan to the department for its 6,965
review. The department shall review the plan of correction. If 6,966
the department approves the plan, the board shall commence action 6,967
to implement the plan. The department shall, as necessary, 6,968
conduct follow-up reviews of the board to determine whether it 6,969
has met the standards REQUIREMENTS for accreditation. If the 6,970
plan of correction submitted by a board is disapproved, the 6,971
department shall inform the board of the reasons for disapproval 6,972
and may grant the board an opportunity to submit a revised plan 6,973
of correction.
A board may request technical assistance from the 6,975
department, other boards, or professional organizations in 6,976
preparing plans of correction and in implementing plans of 6,977
correction. 6,978
(D) If, after being given the opportunity to implement a 6,981
plan of correction, a board continues to fail to meet the 6,982
standards REQUIREMENTS for accreditation, the department shall 6,984
issue an order denying accreditation to the board. The 6,985
department may deny accreditation to the board for all or part of 6,986
160
the programs or services offered by the board. 6,987
The department shall simultaneously notify all of the 6,989
following officials in the county: the members of the board of 6,990
county commissioners, the probate judge, the county auditor, and 6,991
the president and superintendent of the county board of mental 6,992
retardation and developmental disabilities. The notice shall 6,993
identify the programs and services that have been denied 6,994
accreditation, the matters in REQUIREMENTS FOR ACCREDITATION WITH 6,996
which the board is not in compliance with the standards for 6,998
accreditation, and the responsibilities of the county officials 6,999
to contract under division (E)(1) of this section to have the 7,001
BOARD'S programs and services administered by another party or 7,002
become subject to administrative receivership under division
(E)(2) of this section. 7,003
A board that has been denied accreditation is not eligible 7,005
to receive, for the programs and services that are the subject of 7,007
the denied accreditation, any state or federal funds in an amount 7,008
that exceeds the amount the board received for the programs and 7,009
services immediately prior to the date on which the department 7,010
determined that the board does not meet the standards for 7,011
accreditation.
(E)(1) When a board is denied accreditation, the 7,014
department shall first give the board the option of contracting 7,015
to have the BOARD'S programs and services that were denied 7,016
accreditation administered by an accredited county board of 7,017
mental retardation and developmental disabilities or another 7,018
qualified entity subject to the approval of the department. The 7,019
board may contract with more than one board that has been 7,020
accredited. When a board enters into a contract, the board 7,021
shall, by resolution, give the contractor full administrative 7,022
authority over the programs and services that were denied 7,023
accreditation THE CONTRACTOR WILL ADMINISTER.
(2) If a board fails to exercise its option of entering 7,026
into a contract under division (E)(1) of this section sooner than 7,028
161
thirty days after the department denies accreditation, the
department shall appoint an administrative receiver of the 7,029
BOARD'S programs and services that were denied accreditation. 7,030
The department may appoint employees of the department, 7,032
management personnel from county boards of mental retardation and 7,033
developmental disabilities, or individuals from other entities as 7,035
necessary to meet its needs for appointing an administrative
receiver, except that individuals from other entities may be 7,036
appointed only when qualified department employees or board 7,037
management personnel are unavailable. The department may not 7,038
appoint an individual who is employed by or affiliated with an 7,039
entity that is under contract with the board. The administrative 7,041
receiver shall assume full administrative responsibility for the 7,042
BOARD'S programs and services that were denied accreditation. 7,043
(3) The board or entity that contracts with a board under 7,046
division (E)(1) of this section, or the administrative receiver 7,047
appointed under division (E)(2) of this section, shall develop 7,049
and implement a plan of correction to remediate the matters that 7,050
caused the department to deny accreditation. The contractor or 7,051
administrative receiver shall submit the plan to the department, 7,052
and the department shall review the plan. If the plan is 7,053
approved by the department, the contractor or administrative 7,054
receiver shall commence action to implement the plan. The 7,055
contractor or administrative receiver shall report to the 7,056
department any findings it can make pertaining to issues or
circumstances that are beyond the control of the board and result 7,058
in the unlikelihood that compliance with the standards
REQUIREMENTS for accreditation can be achieved unless the issues 7,059
or circumstances are remediated. 7,060
(4) For purposes of divisions (E)(1) and (2) of this 7,063
section, the department shall require the board that has been 7,064
denied accreditation to transfer control of state and federal 7,065
funds it is eligible to receive for the BOARD'S programs and 7,066
services that have been denied accreditation in an amount 7,067
162
necessary for the contractor or administrative receiver to 7,068
fulfill its duties in administering the programs and services for 7,069
the board. The transfer of control of funds does not cause any 7,070
programs and services of the board that are accredited to lose 7,071
their accreditation. If the board refuses to transfer control of 7,072
funds, the department may withhold state and federal funds from 7,073
the board in an amount necessary for the contractor or 7,074
administrative receiver to fulfill its duties. The amount 7,075
transferred or withheld from a board shall include reimbursements 7,077
for the personnel of the contractor or administrative receiver, 7,078
including amounts for time worked, travel, and related expenses. 7,079
A contractor or administrative receiver that has assumed 7,082
the administration of a board's programs and services has the 7,083
right to authorize the payment of bills in the same manner that a 7,084
board may authorize payment of bills under this chapter and 7,085
section 319.16 of the Revised Code.
(F) When the department's review of a board reveals 7,088
serious health and safety issues within the programs and services 7,089
offered by the board, the department shall order the board to 7,090
correct the violations immediately or appoint an administrative 7,091
receiver.
(G) At any time a board can demonstrate that it is capable 7,094
of assuming its duties in compliance with the department's 7,095
standards REQUIREMENTS for accreditation, the department shall 7,097
reverse its order denying accreditation and issue evidence of 7,098
accreditation to the board.
A board may appeal the department's denial of accreditation 7,100
or refusal to reverse a denial of accreditation only by filing a 7,101
complaint under section 5123.043 of the Revised Code. If in its 7,103
appeal the board can demonstrate that it is capable of assuming 7,104
its duties in compliance with the department's standards 7,105
REQUIREMENTS for accreditation, the department shall reverse its 7,107
order denying accreditation and shall issue evidence of 7,108
accreditation to the board.
163
(H) All notices issued to a board by the department under 7,111
this section shall be delivered to the board's president and 7,112
superintendent.
(I) A board's president may designate another member of 7,115
the board as the individual to be responsible for fulfilling all 7,116
or part of the president's responsibilities established under 7,117
this section. 7,118
Sec. 5126.082. (A) In addition to the rules adopted under 7,128
division (A)(2) of section 5126.08 of the Revised Code 7,130
establishing standards to be followed by county boards of mental 7,131
retardation and developmental disabilities in administering, 7,132
providing, arranging, and operating programs and services and in 7,133
addition to the board accreditation system established under 7,134
section 5126.081 of the Revised Code, the director of mental 7,136
retardation and developmental disabilities shall adopt rules in 7,137
accordance with Chapter 119. of the Revised Code establishing 7,139
standards for promoting and advancing the quality of life of 7,140
individuals with mental retardation and developmental 7,141
disabilities receiving any of the following: 7,142
(1) Early childhood services pursuant to section 5126.05 7,144
of the Revised Code for children under age three; 7,147
(2) Adult services pursuant to section 5126.05 and 7,149
division (B) of section 5126.051 of the Revised Code for 7,152
individuals age sixteen or older; 7,153
(3) Family support services pursuant to section 5126.11 of 7,156
the Revised Code. 7,157
(B) The rules adopted under this section shall specify the 7,160
actions county boards of mental retardation and developmental 7,161
disabilities and the agencies with which they contract should 7,162
take to do the following: 7,163
(1) Offer individuals with mental retardation and 7,165
developmental disabilities, and their families when appropriate, 7,166
choices in programs and services that are centered on the needs 7,167
and desires of those individuals; 7,168
164
(2) Maintain infants with their families whenever possible 7,171
by collaborating with other agencies that provide services to 7,172
infants and their families and taking other appropriate actions; 7,173
(3) Provide families that have children with mental 7,175
retardation and developmental disabilities under age eighteen 7,176
residing in their homes the resources necessary to allow the 7,177
children to remain in their homes; 7,178
(4) Create and implement community employment services 7,180
based on the needs and desires of adults with mental retardation 7,181
and developmental disabilities; 7,182
(5) Create, in collaboration with other agencies, 7,184
transportation systems that provide safe and accessible 7,185
transportation within the county to individuals with 7,186
disabilities; 7,187
(6) Provide services that allow individuals with 7,189
disabilities to be integrated into the community by engaging in 7,190
educational, vocational, and recreational activities with 7,191
individuals who are DO not handicapped HAVE DISABILITIES; 7,193
(7) Provide age-appropriate retirement services for 7,195
individuals age sixty-five and older with mental retardation and 7,196
developmental disabilities; 7,197
(8) Establish residential services and supported living 7,200
for individuals with mental retardation and developmental
disabilities in accordance with their needs. 7,201
(C) To assist in funding programs and services that meet 7,204
the standards established under this section, each county board 7,205
of mental retardation and developmental disabilities shall make a 7,206
good faith effort to acquire available federal funds, including 7,207
reimbursements under Title XIX of the "Social Security Act," 49 7,209
79 Stat. 620 (1935) 286 (1965), 42 U.S.C.A. 301 1396, as amended. 7,210
(D) Each county board of mental retardation and 7,213
developmental disabilities shall work toward full compliance with 7,214
the standards established under this section, based on its 7,215
available resources. Funds received under this chapter shall be 7,216
165
used to comply with the standards. Annually, each board shall 7,217
submit a report to the department of mental retardation and 7,218
developmental disabilities regarding CONDUCT A SELF AUDIT TO 7,219
EVALUATE the board's progress in complying fully with the 7,220
standards.
(E) The department shall complete a program quality review 7,224
of each county board of mental retardation and developmental 7,225
disabilities to determine the extent to which the board has 7,226
complied with the standards. The review shall be conducted in 7,227
conjunction with the comprehensive accreditation review of the 7,228
board that is conducted under section 5126.081 of the Revised 7,230
Code.
Notwithstanding any provision of this chapter or Chapter 7,233
5123. of the Revised Code requiring the department to distribute 7,235
funds to county boards of mental retardation and developmental 7,236
disabilities, the department may withhold funds from a board if 7,237
it finds that the board is not in substantial compliance with the 7,238
standards established under this section. 7,239
(F) When the standards for accreditation from the 7,242
commission on accreditation of rehabilitation facilities, or 7,243
another accrediting agency, meet or exceed the standards 7,244
established under this section, the director may accept 7,245
accreditation from the commission or other agency as evidence 7,246
that the board is in compliance with all or part of the standards 7,247
established under this section. Programs and services accredited 7,248
by the commission or agency are exempt from the program quality 7,249
reviews required by division (E) of this section. 7,250
Sec. 5126.12. (A) As used in this section: 7,259
(1) "Approved school age unit" means a class or unit 7,261
operated by a county board of mental retardation and 7,264
developmental disabilities and approved by the state board of 7,265
education under division (D) of section 3317.05 of the Revised 7,266
Code.
(2) "Approved preschool unit" means a class or unit 7,268
166
operated by a county board of mental retardation and 7,269
developmental disabilities and approved by the state board of 7,270
education under division (B) of section 3317.05 of the Revised 7,271
Code.
(3) "Active treatment" means a continuous treatment 7,273
program, which includes aggressive, consistent implementation of 7,274
a program of specialized and generic training, treatment, health 7,275
services, and related services, that is directed toward the 7,276
acquisition of behaviors necessary for an individual with mental 7,277
retardation or other developmental disability to function with as 7,279
much self-determination and independence as possible and toward 7,280
the prevention of deceleration, regression, or loss of current 7,281
optimal functional status.
(4) "Eligible for active treatment" means that an 7,283
individual with mental retardation or other developmental 7,285
disability resides in an intermediate care facility for the 7,286
mentally retarded certified under Title XIX of the "Social 7,287
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended; 7,288
resides in a state institution operated by the department of 7,289
mental retardation and developmental disabilities; or is enrolled 7,290
in a home and community-based services waiver program 7,291
administered by the department of mental retardation and 7,292
developmental disabilities as part of the medical assistance 7,293
program established under section 5111.01 of the Revised Code. 7,294
(5) "Community alternative funding system" means the 7,296
program under which habilitation services are reimbursed under 7,297
the medical assistance program pursuant to section 5111.041 of 7,298
the Revised Code and rules adopted under that section. 7,299
(6) "Community employment program" means community 7,301
employment services provided outside of a sheltered workshop 7,302
setting under which the person earns competitive wages for the 7,303
performance of work. 7,304
(7) "Traditional adult services" means vocational and 7,306
nonvocational activities conducted within a sheltered workshop or 7,307
167
adult activity center or supportive home services. 7,308
(B) Each county board of mental retardation and 7,310
developmental disabilities shall certify to the director of 7,311
mental retardation and developmental disabilities all of the 7,312
following:
(1) On or before the fifteenth day of October, the average 7,314
daily membership for the first full week of programs and services 7,315
during October receiving: 7,316
(a) Early childhood services provided pursuant to section 7,318
5126.05 of the Revised Code for children who are less than three 7,319
years of age on the thirtieth day of September of the academic 7,320
year; 7,321
(b) Special education for handicapped children in approved 7,323
school age units; 7,324
(c) Adult services for persons sixteen years of age and 7,326
older operated pursuant to section 5126.05 and division (B) of 7,327
section 5126.051 of the Revised Code. Separate counts shall be 7,328
made for the following: 7,329
(i) Persons enrolled in traditional adult services who are 7,331
eligible for but not enrolled in active treatment under the 7,332
community alternative funding system; 7,333
(ii) Persons enrolled in traditional adult services who 7,335
are eligible for and enrolled in active treatment under the 7,336
community alternative funding system; 7,337
(iii) Persons enrolled in traditional adult services but 7,339
who are not eligible for active treatment under the community 7,340
alternative funding system; 7,341
(iv) Persons participating in community employment 7,343
services. To be counted as participating in community employment 7,344
services, a person must have spent an average of no less than 7,345
twenty TEN hours per week in such THAT employment during the 7,347
preceding six months. 7,348
(d) Other programs in the county for individuals with 7,350
mental retardation and developmental disabilities that have been 7,351
168
approved for payment of subsidy by the department of mental 7,352
retardation and developmental disabilities. 7,353
The membership in each such program and service in the 7,355
county shall be reported on forms prescribed by the department of 7,356
mental retardation and developmental disabilities. 7,357
The department of mental retardation and developmental 7,359
disabilities shall adopt rules defining full-time equivalent 7,360
enrollees and for determining the average daily membership 7,362
therefrom, except that certification of average daily membership 7,364
in approved school age units shall be in accordance with rules 7,367
adopted by the state board of education. The average daily
membership figure shall be determined by dividing the amount 7,368
representing the sum of the number of enrollees in each program 7,369
or service in the week for which the certification is made by the 7,371
number of days the program or service was offered in that week. 7,374
No enrollee may be counted in average daily membership for more 7,375
than one program or service.
(2) By the fifteenth day of December, the number of 7,377
children enrolled in approved preschool units on the first day of 7,378
December;
(3) By ON OR BEFORE the fifteenth THIRTIETH day of 7,381
February MARCH, an itemized report of ALL INCOME AND OPERATING 7,382
expenditures for the IMMEDIATELY preceding calendar year which 7,383
have been approved for reimbursement by the director, IN THE 7,384
FORMAT SPECIFIED BY THE DEPARTMENT OF MENTAL RETARDATION AND 7,385
DEVELOPMENTAL DISABILITIES;
(4) By the fifteenth day of February, a report of the 7,387
total annual cost per enrollee for operation of programs and 7,389
services in the preceding calendar year. The report shall 7,390
include a grand total of all programs operated, the cost of the 7,391
individual programs, and the sources of funds applied to each
program. 7,392
(5) That each required certification and report is in 7,394
accordance with rules established by the department of mental 7,395
169
retardation and developmental disabilities and the state board of 7,396
education for the operation and subsidization of the programs and 7,397
services. 7,398
(C) To compute payments under this section to the board 7,400
for the fiscal year, the department of mental retardation and 7,401
developmental disabilities shall use the certification of average 7,404
daily membership required by division (B)(1) of this section 7,405
exclusive of the average daily membership in any approved school 7,406
age unit and the number in any approved preschool unit.
(D) The department shall pay each county board for each 7,408
fiscal year an amount equal to nine hundred fifty dollars times 7,410
the certified number of persons who on the first day of December 7,412
of the academic year are under three years of age and are not in 7,414
an approved preschool unit. For persons who are at least age 7,416
sixteen and are not in an approved school age unit, the 7,417
department shall pay each county board for each fiscal year the 7,418
following amounts:
(1) One thousand dollars times the certified average daily 7,420
membership of persons enrolled in traditional adult services who 7,421
are eligible for but not enrolled in active treatment under the 7,422
community alternative funding system; 7,423
(2) One thousand two hundred dollars times the certified 7,425
average daily membership of persons enrolled in traditional adult 7,426
services who are eligible for and enrolled in active treatment 7,427
under the community alternative funding system; 7,428
(3) No less than one thousand five hundred dollars times 7,430
the certified average daily membership of persons enrolled in 7,431
traditional adult services but who are not eligible for active 7,432
treatment under the community alternative funding system; 7,433
(4) No less than one thousand five hundred dollars times 7,435
the certified average daily membership of persons participating 7,436
in community employment services. 7,437
(E) The department shall distribute this subsidy to county 7,439
boards in semiannual installments of equal amounts. The 7,440
170
installments shall be made not later than the thirty-first day of 7,442
August and the thirty-first day of January. 7,443
(F) The director of mental retardation and developmental 7,445
disabilities shall make efforts to obtain increases in the 7,446
subsidies for early childhood services and adult services so that 7,447
the amount of the subsidies is equal to at least fifty per cent 7,448
of the statewide average cost of those services minus any 7,449
applicable federal reimbursements for those services. The 7,450
director shall advise the director of budget and management of 7,451
the need for any such increases when submitting the biennial 7,452
appropriations request for the department. 7,453
(G) In determining the reimbursement of a county board for 7,455
the provision of case management and family support services and 7,457
other services required or approved by the director for which 7,458
children three through twenty-one years of age are eligible, the 7,459
department shall include the average daily membership in approved 7,460
school age or preschool units. The department, in accordance 7,461
with this section and upon receipt and approval of the 7,462
certification required by this section and any other information 7,463
it requires to enable it to determine a board's payments, shall 7,464
pay the agency providing the specialized training the amounts 7,465
payable under this section.
Sec. 5126.13. (A) A county board of mental retardation 7,474
and developmental disabilities may enter into an agreement with 7,475
one or more other county boards of mental retardation and 7,476
developmental disabilities to establish a regional council in 7,477
accordance with Chapter 167. of the Revised Code. The agreement 7,478
shall specify the duties and functions to be performed by the 7,479
council, which may include any duty or function a county board is 7,480
required or authorized to perform under this chapter. If 7,481
directed to do so by a resolution adopted by a county board that 7,482
is a member of a regional council, the department of mental 7,483
retardation and developmental disabilities shall make any 7,484
distributions of money for that county for the duties or 7,485
171
functions performed by the council pursuant to its agreement that 7,486
are otherwise required to be made to the county board under this 7,487
chapter to the fiscal officer of the council designated under 7,488
section 167.04 of the Revised Code. 7,489
A county board may also enter into an agreement with one or 7,491
more school districts or other political subdivisions to 7,492
establish a regional council in accordance with Chapter 167. of 7,493
the Revised Code. 7,494
(B) ON OR BEFORE THE THIRTIETH DAY OF MARCH, THE FISCAL 7,496
OFFICER OF A REGIONAL COUNCIL DESCRIBED IN THIS SECTION SHALL 7,497
REPORT TO THE DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL 7,498
DISABILITIES, IN THE FORMAT SPECIFIED BY THE DEPARTMENT, ALL 7,499
INCOME AND OPERATING EXPENDITURES OF THE COUNCIL FOR THE 7,500
IMMEDIATELY PRECEDING CALENDAR YEAR.
Sec. 5126.252. NOTWITHSTANDING SECTIONS 5123.082, 5126.25, 7,502
AND 5126.26 OF THE REVISED CODE, THE DEPARTMENT OF MENTAL 7,503
RETARDATION AND DEVELOPMENTAL DISABILITIES MAY AUTHORIZE COUNTY 7,504
BOARDS OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES TO 7,505
ESTABLISH AND ADMINISTER IN THEIR COUNTIES PROGRAMS FOR THE 7,506
CERTIFICATION AND REGISTRATION OF PERSONS FOR EMPLOYMENT BY THE 7,507
BOARDS AND ENTITIES CONTRACTING WITH THE BOARDS. A CERTIFICATE
OR EVIDENCE OF REGISTRATION ISSUED BY A BOARD PARTICIPATING IN 7,508
PROGRAMS UNDER THIS SECTION SHALL HAVE THE SAME FORCE AND EFFECT 7,509
AS A CERTIFICATE OR EVIDENCE OF REGISTRATION ISSUED BY THE 7,510
DEPARTMENT UNDER SECTION 5123.082 OR 5126.25 OF THE REVISED CODE. 7,511
Sec. 5126.28. (A) As used in this section: 7,520
(1) "Applicant" means a person who is under final 7,522
consideration for appointment or employment in a position with a 7,523
county board of mental retardation and developmental 7,525
disabilities, INCLUDING, BUT NOT LIMITED TO, A PERSON WHO IS
BEING TRANSFERRED TO THE COUNTY BOARD AND AN EMPLOYEE WHO IS 7,526
BEING RECALLED OR REEMPLOYED AFTER A LAYOFF. 7,527
(2) "Criminal records check" has the same meaning as in 7,529
section 109.572 of the Revised Code. 7,530
172
(3) "Minor drug possession offense" has the same meaning 7,532
as in section 2925.01 of the Revised Code. 7,533
(B) The superintendent of a county board of mental 7,535
retardation and developmental disabilities shall request the 7,536
superintendent of the bureau of criminal identification and 7,537
investigation to conduct a criminal records check with respect to 7,538
any applicant who has applied to the board for employment in any 7,539
position, except that a county board superintendent is not 7,540
required to request a criminal records check for an employee of 7,541
the board who is being considered for a different position or is 7,542
returning after a leave of absence or seasonal break in 7,543
employment, as long as the superintendent has no reason to 7,544
believe that the employee has committed any of the offenses 7,545
listed or described in division (E) of this section. 7,546
If the applicant does not present proof that the applicant 7,549
has been a resident of this state for the five-year period 7,550
immediately prior to the date upon which the criminal records 7,551
check is requested, the county board superintendent shall request 7,552
that the superintendent of the bureau obtain FINGERPRINT-BASED
information from the federal bureau of investigation as a part of 7,554
the criminal records check for the applicant. If the applicant 7,555
presents proof that the applicant has been a resident of this 7,556
state for that five-year period, the county board superintendent 7,557
may request that the superintendent of the bureau include 7,558
FINGERPRINT-BASED information from the federal bureau of 7,559
investigation in the criminal records check. For purposes of 7,561
this division, an applicant may provide proof of residency in 7,562
this state by presenting, with a notarized statement asserting 7,563
that the applicant has been a resident of this state for that 7,564
five-year period, a valid driver's license, notification of 7,565
registration as an elector, a copy of an officially filed federal 7,566
or state tax form identifying the applicant's permanent 7,567
residence, or any other document the superintendent considers 7,568
acceptable.
173
(C) The county board superintendent shall provide to each 7,570
applicant a copy of the form prescribed pursuant to division 7,572
(C)(2)(1) of section 109.572 of the Revised Code, provide to each 7,573
applicant a standard impression sheet ANY MATERIAL NEEDED to 7,574
obtain fingerprint impressions prescribed pursuant to division 7,575
(C)(2) of section 109.572 of the Revised Code, obtain the 7,576
completed form and impression sheet MATERIAL from each applicant, 7,577
and forward OR TRANSMIT the completed form and impression sheet 7,580
MATERIAL to the superintendent of the bureau of criminal 7,582
identification and investigation at the time the criminal records 7,583
check is requested.
Any applicant who receives pursuant to this division a copy 7,585
of the form prescribed pursuant to division (C)(1) of section 7,586
109.572 of the Revised Code and a copy of an impression sheet 7,587
prescribed ANY MATERIAL NEEDED TO OBTAIN FINGERPRINT IMPRESSIONS 7,588
pursuant to division (C)(2) of that section and who is requested 7,590
to complete the form and provide a set of fingerprint impressions 7,591
shall complete the form or provide all the information necessary 7,592
to complete the form and shall provide the impression sheet 7,593
MATERIAL with the impressions of the applicant's fingerprints. 7,594
If an applicant, upon request, fails to provide the information 7,595
necessary to complete the form or fails to provide impressions of 7,596
the applicant's fingerprints, the county board superintendent 7,597
shall not employ that applicant. 7,598
(D) A county board superintendent may request any other 7,600
state or federal agency to supply the board with a written report 7,602
regarding the criminal record of each applicant. With regard to
an applicant who becomes a board employee, if the employee holds 7,604
an occupational or professional license or other credentials, the
superintendent may request that the state or federal agency that 7,605
regulates the employee's occupation or profession supply the 7,606
board with a written report of any information pertaining to the 7,607
employee's criminal record that the agency obtains in the course 7,608
of conducting an investigation or in the process of renewing the 7,609
174
employee's license or other credentials.
(E) Except as provided in division (K)(2) of this section 7,611
and in rules adopted by the department of mental retardation and 7,612
developmental disabilities in accordance with division (M) of 7,613
this section, no county board of mental retardation and 7,614
developmental disabilities shall employ a person to fill a 7,615
position with the board who has been convicted of or pleaded 7,616
guilty to any of the following: 7,617
(1) A violation of section 2903.01, 2903.02, 2903.03, 7,619
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 7,620
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 7,622
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 7,623
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 7,624
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 7,625
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 7,626
2925.06, or 3716.11 of the Revised Code, a violation of section 7,627
2905.04 of the Revised Code as it existed prior to July 1, 1996,
a violation of section 2919.23 of the Revised Code that would 7,628
have been a violation of section 2905.04 of the Revised Code as 7,629
it existed prior to July 1, 1996, had the violation occurred 7,630
prior to that date, a violation of section 2925.11 of the Revised 7,631
Code that is not a minor drug possession offense, or felonious 7,632
sexual penetration in violation of former section 2907.12 of the 7,633
Revised Code;
(2) A felony contained in the Revised Code that is not 7,635
listed in this division, if the felony bears a direct and 7,636
substantial relationship to the duties and responsibilities of 7,637
the position being filled; 7,638
(3) ANY OFFENSE CONTAINED IN THE REVISED CODE CONSTITUTING 7,641
A MISDEMEANOR OF THE FIRST DEGREE ON THE FIRST OFFENSE AND A 7,642
FELONY ON A SUBSEQUENT OFFENSE, IF THE OFFENSE BEARS A DIRECT AND 7,643
SUBSTANTIAL RELATIONSHIP TO THE POSITION BEING FILLED AND THE 7,644
NATURE OF THE SERVICES BEING PROVIDED BY THE COUNTY BOARD;
(4) A violation of an existing or former MUNICIPAL 7,646
175
ORDINANCE OR law of this state, any other state, or the United 7,649
States, if the offense is substantially equivalent to any of the 7,650
offenses LISTED OR described in division (E)(1) or, (2), OR (3) 7,651
of this section. 7,652
(F) Prior to employing an applicant, the county board 7,654
superintendent shall require the applicant to submit a statement 7,655
with the applicant's signature attesting that the applicant has 7,656
not been convicted of or pleaded guilty to any of the offenses 7,657
LISTED OR described in division (E) of this section. The 7,659
superintendent also shall require the applicant to sign an 7,660
agreement under which the applicant agrees to notify the 7,661
superintendent WITHIN FOURTEEN CALENDAR DAYS if, while employed 7,663
by the board, the person APPLICANT is ever formally charged for 7,665
WITH, CONVICTED OF, OR PLEADS GUILTY TO any of the offenses 7,666
listed or described in division (E) of this section. The 7,667
agreement shall inform the applicant that failure to report 7,668
formal charges, A CONVICTION, OR A GUILTY PLEA may result in 7,669
being dismissed from employment. 7,670
(G) A county board of mental retardation and developmental 7,673
disabilities shall pay to the bureau of criminal identification 7,674
and investigation the fee prescribed pursuant to division 7,675
(C)(2)(3) of section 109.572 of the Revised Code for each 7,676
criminal records check requested and conducted pursuant to this
section. 7,677
(H)(1) Any report obtained pursuant to this section is not 7,679
a public record for purposes of section 149.43 of the Revised 7,680
Code and shall not be made available to any person, other than 7,681
the applicant who is the subject of the records check or criminal 7,682
records check or the applicant's representative, the board 7,683
requesting the records check or criminal records check or its 7,684
representative, the department of mental retardation and 7,686
developmental disabilities, and any court, hearing officer, or 7,687
other necessary individual involved in a case dealing with the 7,688
denial of employment to the applicant or the denial, suspension, 7,689
176
or revocation of a certificate or evidence of registration under 7,690
section 5126.25 of the Revised Code. 7,691
(2) An individual for whom a county board superintendent 7,693
has obtained reports under this section may submit a written 7,694
request to the county board to have copies of the reports sent to 7,696
any state agency, entity of local government, or private entity. 7,697
The individual shall specify in the request the AGENCIES OR 7,698
entities to which the copies are to be sent. On receiving the 7,699
request, the county board shall send copies of the reports to the 7,700
AGENCIES OR entities specified. 7,701
A county board may request that a state agency, entity of 7,703
local government, or private entity send copies to the board of 7,704
any report regarding a records check or criminal records check 7,705
that the AGENCY OR entity possesses, if the county board obtains 7,706
the written consent of the individual who is the subject of the 7,707
report. 7,708
(I) Each county board superintendent shall request the 7,710
registrar of motor vehicles to supply the superintendent with a 7,711
certified abstract regarding the record of convictions for 7,712
violations of motor vehicle laws of each applicant who will be 7,713
required by the applicant's employment to transport individuals 7,714
with mental retardation or developmental disabilities or to 7,715
operate the board's vehicles for any other purpose. For each 7,716
abstract provided under this section, the board shall pay the 7,717
amount specified in section 4509.05 of the Revised Code. 7,718
(J) The county board superintendent shall provide each 7,720
applicant with a copy of any report or abstract obtained about 7,721
the applicant under this section. The AT THE REQUEST OF THE 7,722
DIRECTOR OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES, 7,723
THE superintendent also shall provide the department of mental 7,725
retardation and developmental disabilities DIRECTOR with a copy 7,726
of each A report or abstract obtained under this section. 7,728
(K)(1) The county board superintendent shall inform each 7,730
person, at the time of the person's initial application for 7,731
177
employment, that the person is required to provide a set of 7,732
impressions of the person's fingerprints and that a criminal 7,733
records check is required to be conducted and satisfactorily 7,734
completed in accordance with section 109.572 of the Revised Code 7,735
if the person comes under final consideration for appointment or 7,736
employment as a precondition to employment for that IN A 7,737
position.
(2) A board may employ an applicant pending receipt of 7,740
reports requested under this section. The board shall terminate 7,741
employment of any such applicant if it is determined from the 7,742
reports that the applicant failed to inform the county board that 7,743
the applicant had been convicted of or pleaded guilty to any of
the offenses listed or described in division (E) of this section. 7,744
(L) The board may charge an applicant a fee for costs it 7,746
incurs in obtaining reports, abstracts, or fingerprint 7,747
impressions under this section. A fee charged under this 7,748
division shall not exceed the amount of the fees the board pays 7,749
under divisions (G) and (I) of this section. If a fee is charged 7,750
under this division, the board shall notify the applicant of the 7,751
amount of the fee at the time of the applicant's initial 7,752
application for employment and that, unless the fee is paid, the 7,753
board will not consider the applicant for employment. 7,754
(M) The department of mental retardation and developmental 7,756
disabilities shall adopt rules pursuant to Chapter 119. of the 7,757
Revised Code to implement this section and section 5126.281 of 7,758
the Revised Code, including rules specifying circumstances under 7,759
which a county board or contracting entity may hire a person who 7,760
has been convicted of OR PLEADED GUILTY TO an offense listed or 7,761
described in division (E) of this section but who meets standards 7,763
in regard to rehabilitation set by the department. 7,764
Sec. 5126.281. (A) As used in this section, "contracting: 7,773
(1) "CONTRACTING entity" means an entity under contract 7,776
with a county board of mental retardation and developmental 7,777
disabilities for the provision of direct SPECIALIZED services to 7,778
178
individuals with mental retardation or a developmental 7,780
disability.
(2) "DIRECT SERVICES POSITION" MEANS AN EMPLOYMENT 7,782
POSITION IN WHICH THE EMPLOYEE HAS PHYSICAL CONTACT WITH, THE 7,783
OPPORTUNITY TO BE ALONE WITH, OR EXERCISES SUPERVISION OR CONTROL 7,784
OVER ONE OR MORE INDIVIDUALS WITH MENTAL RETARDATION OR A 7,785
DEVELOPMENTAL DISABILITY. 7,786
(3) "SPECIALIZED SERVICES" MEANS ANY PROGRAM OR SERVICE 7,788
DESIGNED AND OPERATED TO SERVE PRIMARILY INDIVIDUALS WITH MENTAL 7,789
RETARDATION OR A DEVELOPMENTAL DISABILITY, INCLUDING A PROGRAM OR 7,790
SERVICE PROVIDED BY AN ENTITY LICENSED OR CERTIFIED BY THE 7,791
DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES. 7,792
IF THERE IS A QUESTION AS TO WHETHER A CONTRACTING ENTITY IS 7,793
PROVIDING SPECIALIZED SERVICES, THE CONTRACTING ENTITY MAY 7,794
REQUEST THAT THE DIRECTOR OF MENTAL RETARDATION AND DEVELOPMENTAL 7,795
DISABILITIES MAKE A DETERMINATION. THE DIRECTOR'S DETERMINATION 7,796
IS FINAL.
(B) Each (1) EXCEPT AS PROVIDED IN DIVISION (B)(2) OF 7,799
THIS SECTION, EACH contracting entity shall conduct background 7,800
investigations in the same manner county boards conduct 7,801
investigations under section 5126.28 of the Revised Code of all 7,802
persons under final consideration for employment with the 7,803
contracting entity in a DIRECT SERVICES position that involves 7,804
providing services directly to individuals with mental 7,806
retardation or a developmental disability, except that a 7,807
contracting entity is not required to request a criminal records 7,808
check for a direct services employee of the entity who is being 7,809
considered for a different direct services position or is 7,810
returning after a leave of absence or seasonal break in
employment, as long as the contracting entity has no reason to 7,811
believe that the employee has committed any of the offenses 7,812
listed or described in division (E) of section 5126.28 of the 7,813
Revised Code. On request, the county board shall assist a 7,814
contracting entity in obtaining reports from the bureau of 7,815
179
criminal identification and investigation or any other state or 7,816
federal agency and in obtaining abstracts from the registrar of 7,817
motor vehicles.
(2) A CONTRACTING ENTITY IS NOT REQUIRED TO REQUEST A 7,819
CRIMINAL RECORDS CHECK FOR EITHER OF THE FOLLOWING: 7,820
(a) AN EMPLOYEE OF THE ENTITY WHO IS IN A DIRECT SERVICES 7,822
POSITION AND BEING CONSIDERED FOR A DIFFERENT DIRECT SERVICES 7,823
POSITION OR IS RETURNING AFTER A LEAVE OF ABSENCE OR SEASONAL 7,825
BREAK IN EMPLOYMENT, AS LONG AS THE CONTRACTING ENTITY HAS NO 7,826
REASON TO BELIEVE THAT THE EMPLOYEE HAS COMMITTED ANY OF THE 7,827
OFFENSES LISTED OR DESCRIBED IN DIVISION (E) OF SECTION 5126.28 7,828
OF THE REVISED CODE;
(b) A PERSON WHO WILL PROVIDE ONLY RESPITE CARE UNDER A 7,830
FAMILY SUPPORT SERVICES PROGRAM ESTABLISHED UNDER SECTION 5126.11 7,831
OF THE REVISED CODE, IF THE PERSON IS SELECTED BY A FAMILY MEMBER 7,833
OF THE INDIVIDUAL WITH MENTAL RETARDATION OR A DEVELOPMENTAL
DISABILITY WHO IS TO RECEIVE THE RESPITE CARE. 7,835
(C) No contracting entity shall place a person in a DIRECT 7,838
SERVICES position that involves providing services directly to 7,839
individuals with mental retardation or a developmental disability 7,840
if the person has been convicted of or pleaded guilty to any 7,841
offense listed or described in division (E) of section 5126.28 of 7,842
the Revised Code, unless the person meets the standards for 7,843
rehabilitation established by rules adopted under section 5126.28 7,844
of the Revised Code. 7,845
(D) A contracting entity may place a person in a DIRECT 7,847
SERVICES position that involves providing services directly to an 7,848
individual with mental retardation or a developmental disability 7,849
pending receipt of information concerning the person's background 7,851
investigation from the bureau of criminal identification and 7,852
investigation, the registrar of motor vehicles, or any other 7,853
state or federal agency if the person submits to the contracting 7,854
entity a statement with the person's signature that the person 7,856
has not been convicted of or pleaded guilty to any of the 7,857
180
offenses listed or described in division (E) of section 5126.28 7,858
of the Revised Code. No contracting entity shall fail to 7,859
terminate the placement of such person if the contracting entity 7,860
is informed that the person has been convicted of or pleaded 7,861
guilty to any of the offenses listed or described in division (E) 7,862
of section 5126.28 of the Revised Code. 7,863
(E) Prior to employing a person in a direct services 7,865
position, the contracting entity shall require the person to 7,866
submit a statement with the applicant's signature attesting that 7,867
the applicant has not been convicted of or pleaded guilty to any 7,868
of the offenses listed or described in division (E) of section 7,869
5126.28 of the Revised Code. The contracting entity also shall
require the person to sign an agreement to notify the contracting 7,870
entity WITHIN FOURTEEN CALENDAR DAYS if, while employed by the 7,872
entity, the person is ever formally charged for WITH, CONVICTED 7,873
OF, OR PLEADS GUILTY TO any of the offenses listed or described 7,874
in division (E) of section 5126.28 of the Revised Code. The 7,875
agreement shall inform the person that failure to report formal 7,876
charges, A CONVICTION, OR A GUILTY PLEA may result in being 7,877
dismissed from employment.
(F) A county board may take appropriate action against a 7,879
contracting entity that violates this section, including 7,881
terminating the contracting entity's contract with the board. 7,882
Sec. 5126.357. (A) As used in this section: 7,891
(1) "In-home care" means the supportive services provided 7,893
within the home of an individual who receives funding for the 7,895
services as a county board client, including any client who 7,896
receives residential services funded through the medical 7,898
assistance program's home and community-based services waivers
administered by the department of mental retardation and 7,900
developmental disabilities, family support services provided 7,901
under section 5126.11 of the Revised Code, or supported living 7,903
provided in accordance with sections 5126.41 to 5126.47 of the 7,904
Revised Code. "In-home care" includes care that is provided 7,905
181
outside a client's home in places incidental to the home, and 7,906
while traveling to places incidental to the home, except that 7,908
"in-home care" does not include care provided in the facilities 7,910
of a county board of mental retardation and developmental 7,911
disabilities or care provided in schools.
(2) "Parent" means either parent of a child, including an 7,913
adoptive parent but not a foster parent. 7,915
(3) "Unlicensed in-home care worker" means an individual 7,917
who provides in-home care but is not a health care professional. 7,920
A county board worker may be an unlicensed in-home care worker. 7,921
(4) "FAMILY MEMBER" MEANS A PARENT, SIBLING, SPOUSE, SON, 7,923
DAUGHTER, GRANDPARENT, AUNT, UNCLE, COUSIN, OR GUARDIAN OF THE 7,924
INDIVIDUAL WITH MENTAL RETARDATION OR DEVELOPMENTAL DISABILITIES 7,925
IF THE INDIVIDUAL WITH MENTAL RETARDATION OR DEVELOPMENTAL 7,926
DISABILITIES LIVES WITH THE PERSON AND IS DEPENDENT ON THE PERSON 7,927
TO THE EXTENT THAT, IF THE SUPPORTS WERE WITHDRAWN, ANOTHER 7,928
LIVING ARRANGEMENT WOULD HAVE TO BE FOUND.
(B) Except as provided in division (D) of this section, 7,930
the parent or guardian A FAMILY MEMBER of an individual with 7,932
mental retardation or a developmental disability who is not more 7,934
than twenty-one years of age or the guardian of an individual 7,936
with mental retardation or a developmental disability who is age
twenty-one or older may authorize an unlicensed in-home care 7,937
worker to give or apply prescribed medication or perform other 7,939
health care tasks as part of the in-home care provided to the 7,940
individual, if the parent or guardian FAMILY MEMBER is the 7,941
primary supervisor of the care and the unlicensed in-home care 7,942
worker has been selected by the parent or guardian FAMILY MEMBER 7,943
and is under the direct supervision of the parent or guardian 7,946
FAMILY MEMBER. Sections 4723.62 and 5126.351 to 5126.356 of the 7,948
Revised Code do not apply to the in-home care authorized by a 7,949
parent or guardian FAMILY MEMBER under this section. Instead, a 7,950
parent or guardian FAMILY MEMBER shall obtain a prescription, if 7,951
applicable, and written instructions from a health care 7,952
182
professional for the care to be provided to the individual. The 7,953
parent or guardian FAMILY MEMBER shall authorize the unlicensed 7,954
in-home care worker to provide the care by preparing a written 7,956
document granting the authority. The parent or guardian FAMILY 7,957
MEMBER shall provide the unlicensed in-home care worker with 7,958
appropriate training and written instructions in accordance with 7,959
the instructions obtained from the health care professional. 7,960
(C) A parent or guardian FAMILY MEMBER who authorizes an 7,962
unlicensed in-home care worker to give or apply prescribed 7,965
medication or perform other health care tasks retains full 7,966
responsibility for the health and safety of the individual 7,967
receiving the care and for ensuring that the worker provides the 7,968
care appropriately and safely. No entity that funds or monitors 7,969
the provision of in-home care may be held liable for the results 7,970
of the care provided under this section by an unlicensed in-home 7,971
care worker, including such entities as the county board of 7,973
mental retardation and developmental disabilities, any other 7,974
entity that employs an unlicensed in-home care worker, and the 7,975
department of mental retardation and developmental disabilities. 7,977
An unlicensed in-home care worker who is authorized under 7,979
this section by a parent or guardian FAMILY MEMBER to provide 7,980
care to an individual may not be held liable for any injury 7,983
caused in providing the care, unless the worker provides the care
in a manner that is not in accordance with the training and 7,984
instructions received or the worker acts in a manner that 7,985
constitutes wanton or reckless misconduct. 7,986
(D) A county board of mental retardation and developmental 7,988
disabilities may evaluate the authority granted by a parent or 7,989
guardian FAMILY MEMBER under this section to an unlicensed 7,991
in-home care worker at any time it considers necessary and shall 7,992
evaluate the authority on receipt of a complaint. If the board 7,993
determines that the parent or guardian A FAMILY MEMBER has acted 7,994
in a manner that is inappropriate for the health and safety of 7,995
the individual receiving the services, the authorization granted 7,997
183
by the parent or guardian FAMILY MEMBER to an unlicensed in-home 7,999
care worker is void, and the parent or guardian FAMILY MEMBER may 8,000
not authorize other unlicensed in-home care workers to provide 8,001
the care. In making such a determination, the board shall use 8,002
appropriately licensed health care professionals and shall 8,003
provide the parent or guardian FAMILY MEMBER an opportunity to 8,005
file a complaint under section 5126.06 of the Revised Code.
Sec. 5153.111. (A)(1) The executive director of a public 8,014
children services agency shall request the superintendent of the 8,015
bureau of criminal identification and investigation to conduct a 8,016
criminal records check with respect to any applicant who has 8,017
applied to the agency for employment as a person responsible for 8,018
the care, custody, or control of a child. If the applicant does 8,019
not present proof that the applicant has been a resident of this 8,020
state for the five-year period immediately prior to the date upon 8,021
which the criminal records check is requested or does not provide 8,022
evidence that within that five-year period the superintendent has 8,023
requested FINGERPRINT-BASED information about the applicant from 8,024
the federal bureau of investigation in a criminal records check, 8,026
the executive director shall request that the superintendent 8,027
obtain FINGERPRINT-BASED information from the federal bureau of 8,029
investigation as a part of the criminal records check for the 8,030
applicant. If the applicant presents proof that the applicant 8,031
has been a resident of this state for that five-year period, the 8,032
executive director may request that the superintendent include 8,033
FINGERPRINT-BASED information from the federal bureau of 8,034
investigation in the criminal records check. 8,035
(2) Any person required by division (A)(1) of this section 8,037
to request a criminal records check shall provide to each 8,038
applicant a copy of the form prescribed pursuant to division 8,039
(C)(1) of section 109.572 of the Revised Code, provide to each 8,040
applicant a standard impression sheet AND ANY MATERIAL NEEDED to 8,041
obtain fingerprint impressions prescribed pursuant to division 8,043
(C)(2) of section 109.572 of the Revised Code, obtain the 8,044
184
completed form and impression sheet MATERIAL from each applicant, 8,045
and forward OR TRANSMIT the completed form and impression sheet 8,047
MATERIAL to the superintendent of the bureau of criminal 8,049
identification and investigation at the time the person requests 8,050
a criminal records check pursuant to division (A)(1) of this 8,051
section.
(3) Any applicant who receives pursuant to division (A)(2) 8,053
of this section a copy of the form prescribed pursuant to 8,054
division (C)(1) of section 109.572 of the Revised Code and a copy 8,055
of an impression sheet prescribed ANY MATERIAL NEEDED TO OBTAIN 8,056
FINGERPRINT IMPRESSIONS pursuant to division (C)(2) of that 8,058
section and who is requested to complete the form and provide a 8,059
set of fingerprint impressions shall complete the form or provide 8,060
all the information necessary to complete the form and shall 8,061
provide the impression sheet MATERIAL with the impressions of the 8,062
applicant's fingerprints. If an applicant, upon request, fails 8,063
to provide the information necessary to complete the form or 8,064
fails to provide impressions of the applicant's fingerprints, 8,065
that agency shall not employ that applicant for any position for 8,066
which a criminal records check is required by division (A)(1) of 8,067
this section.
(B)(1) Except as provided in rules adopted by the director 8,070
of job and family services in accordance with division (E) of 8,071
this section, no public children services agency shall employ a 8,072
person as a person responsible for the care, custody, or control 8,073
of a child if the person previously has been convicted of or 8,074
pleaded guilty to any of the following: 8,075
(a) A violation of section 2903.01, 2903.02, 2903.03, 8,077
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 8,078
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 8,080
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 8,081
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 8,082
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 8,083
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 8,084
185
2925.06, or 3716.11 of the Revised Code, a violation of section 8,085
2905.04 of the Revised Code as it existed prior to July 1, 1996,
a violation of section 2919.23 of the Revised Code that would 8,086
have been a violation of section 2905.04 of the Revised Code as 8,087
it existed prior to July 1, 1996, had the violation occurred 8,088
prior to that date, a violation of section 2925.11 of the Revised 8,090
Code that is not a minor drug possession offense, or felonious 8,091
sexual penetration in violation of former section 2907.12 of the 8,092
Revised Code;
(b) A violation of an existing or former law of this 8,094
state, any other state, or the United States that is 8,095
substantially equivalent to any of the offenses or violations 8,096
described in division (B)(1)(a) of this section. 8,097
(2) A public children services agency may employ an 8,099
applicant conditionally until the criminal records check required 8,100
by this section is completed and the agency receives the results 8,101
of the criminal records check. If the results of the criminal 8,102
records check indicate that, pursuant to division (B)(1) of this 8,103
section, the applicant does not qualify for employment, the 8,104
agency shall release the applicant from employment. 8,105
(C)(1) Each public children services agency shall pay to 8,107
the bureau of criminal identification and investigation the fee 8,108
prescribed pursuant to division (C)(3) of section 109.572 of the 8,109
Revised Code for each criminal records check conducted in 8,110
accordance with that section upon the request pursuant to 8,111
division (A)(1) of this section of the executive director of the 8,112
agency. 8,113
(2) A public children services agency may charge an 8,115
applicant a fee for the costs it incurs in obtaining a criminal 8,116
records check under this section. A fee charged under this 8,117
division shall not exceed the amount of fees the agency pays 8,118
under division (C)(1) of this section. If a fee is charged under 8,119
this division, the agency shall notify the applicant at the time 8,120
of the applicant's initial application for employment of the 8,121
186
amount of the fee and that, unless the fee is paid, the agency 8,122
will not consider the applicant for employment. 8,123
(D) The report of any criminal records check conducted by 8,125
the bureau of criminal identification and investigation in 8,126
accordance with section 109.572 of the Revised Code and pursuant 8,127
to a request under division (A)(1) of this section is not a 8,128
public record for the purposes of section 149.43 of the Revised 8,129
Code and shall not be made available to any person other than the 8,130
applicant who is the subject of the criminal records check or the 8,131
applicant's representative, the public children services agency 8,132
requesting the criminal records check or its representative, and 8,133
any court, hearing officer, or other necessary individual 8,134
involved in a case dealing with the denial of employment to the 8,135
applicant.
(E) The director of job and family services shall adopt 8,138
rules pursuant to Chapter 119. of the Revised Code to implement 8,139
this section, including rules specifying circumstances under 8,140
which a public children services agency may hire a person who has 8,141
been convicted of an offense listed in division (B)(1) of this 8,142
section but who meets standards in regard to rehabilitation set 8,143
by the department. 8,144
(F) Any person required by division (A)(1) of this section 8,146
to request a criminal records check shall inform each person, at 8,147
the time of the person's initial application for employment, that 8,148
the person is required to provide a set of impressions of the 8,149
person's fingerprints and that a criminal records check is 8,150
required to be conducted and satisfactorily completed in 8,151
accordance with section 109.572 of the Revised Code if the person 8,152
comes under final consideration for appointment or employment as 8,153
a precondition to employment for that position. 8,154
(G) As used in this section: 8,156
(1) "Applicant" means a person who is under final 8,158
consideration for appointment or employment in a position with 8,159
the agency as a person responsible for the care, custody, or 8,160
187
control of a child. 8,161
(2) "Criminal records check" has the same meaning as in 8,163
section 109.572 of the Revised Code. 8,164
(3) "Minor drug possession offense" has the same meaning 8,166
as in section 2925.01 of the Revised Code. 8,168
Section 2. That existing sections 109.57, 109.572, 109.58, 8,170
109.59, 109.60, 173.41, 2151.86, 3301.32, 3301.541, 3301.88, 8,172
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 8,173
5104.013, 5123.01, 5123.02, 5123.041, 5123.042, 5123.05, 8,174
5123.082, 5123.09, 5123.092, 5123.11, 5123.17, 5123.18, 5123.181, 8,175
5123.183, 5123.19, 5123.21, 5123.27, 5123.34, 5123.351, 5123.353, 8,176
5123.55, 5123.62, 5123.63, 5123.67, 5123.801, 5123.85, 5123.89, 8,177
5123.93, 5126.02, 5126.023, 5126.042, 5126.044, 5126.081, 8,178
5126.082, 5126.12, 5126.13, 5126.28, 5126.281, 5126.357, and 8,181
5153.111 and sections 5123.081, 5123.16, 5123.231, and 5126.252 8,183
of the Revised Code are hereby repealed. 8,184
Section 3. Section 5123.081 of the Revised Code, as 8,186
repealed and reenacted by this act, applies only to persons who 8,187
apply for appointment to or employment with the Department of 8,188
Mental Retardation and Developmental Disabilities on or after the 8,189
effective date of this act. 8,190
Section 4. The Joint Council on Mental Retardation and 8,192
Developmental Disabilities is retained pursuant to division (D) 8,193
of section 101.84 of the Revised Code and, pursuant to that 8,194
section, expires on December 31, 2004. 8,195
Section 5. As used in this section, "contractor" means a 8,197
person or government agency that has entered into a contract with 8,198
the Department of Mental Retardation and Developmental 8,199
Disabilities under section 5123.18 of the Revised Code to provide 8,200
residential services to individuals with mental retardation or 8,201
developmental disabilities. 8,202
A contractor is not required to repay the Department of 8,204
Mental Retardation and Developmental Disabilities the amount the 8,205
contractor received from the Department pursuant to a retroactive 8,206
188
rate increase the Department issued in April 1997. If, prior to 8,207
the effective date of this act, a contractor repaid the 8,208
Department the amount it received pursuant to that retroactive 8,209
rate increase, the Department shall return the payment to the 8,210
contractor. The payment shall be made from the purchase of 8,211
service fund established under section 5123.051 of the Revised 8,212
Code. Neither that retroactive rate increase nor a payment the 8,214
Department returns to a contractor under this section is an
amount payable to the state for the purpose of section 131.02 of 8,215
the Revised Code or subject to a reconciliation under division 8,216
(O) of section 5123.18 of the Revised Code. 8,217
Section 6. The reduction in the number of members of each 8,219
citizen's advisory council made by section 5123.092 of the 8,220
Revised Code, as amended by this act, does not affect the term of 8,221
a member serving on an advisory council on the effective date of 8,222
this act so long as the member continues to serve that term.
Section 7. The repeal and reenactment of section 5126.252 8,224
of the Revised Code by this act revives that section, except that 8,225
this act makes that section permanent and does not limit the 8,226
programs established under that section to pilot projects. 8,227
Section 8. Section 109.57 of the Revised Code is presented 8,229
in this act as a composite of the section as amended by both Am. 8,231
Sub. H.B. 3 and Am. Sub. H.B. 282 of the 123rd General Assembly,
with the new language of neither of the acts shown in capital 8,232
letters. Section 3319.39 of the Revised Code is presented in 8,233
this act as a composite of the section as amended by Am. Sub. 8,234
H.B. 445, Am. Sub. S.B. 269, and Am. Sub. S.B. 230, all of the 8,236
121st General Assembly, with the new language of none of the acts 8,237
shown in capital letters. This is in recognition of the 8,238
principle stated in division (B) of section 1.52 of the Revised 8,239
Code that such amendments are to be harmonized where not 8,240
substantively irreconcilable and constitutes a legislative 8,241
finding that such are the resulting versions of those sections in 8,242
effect prior to the effective date of this act. 8,243